Our lawyers at Mulligan, Banham & Findley handle cases of pressure sores, also known as bedsores or decubitus ulcers.
In one of the first cases dealing with elder abuse, Delaney v. Baker (1999), 20 Cal. 4th 23, the California Supreme Court hear the case of a woman who sued a nursing home and two individual administrators of the home for negligence, willful misconduct and neglect of an elder, after her mother died while a resident at the home. When she died, she had bedsores on her ankles, feet and buttocks down to the bone. The court held this was reckless neglect and that this was distinct from ordinary malpractice. The court awarded the enhanced remedies such as attorneys fees and pain & suffering damages for the suffering of the mother before death.
Many pressure sores are easily prevented and completely treatable if found early. However, if not, they can be fatal. Residents must be turned and special mattresses should be ordered to prevent increase in size of existing pressure sores. Appropriate wound care and medical care are absolutely critical.
Please call us if your loved one has suffered from serious pressure sores while at a hospital or nursing home. That’s right – a hospital can be liable for elder or dependent abuse, too – it’s not just nursing homes. Marron v. Superior Court (2003) 108 Cal.App.4th 1049. The California Elder Abuse attorneys at Mulligan, Banham and Findley have the experience to help you: (619) 238-8700.