Bedsores Lawsuit Settlement Amounts in New York, NY

Bedsores, also known as pressure ulcers, usually occur in nursing home patients who are immobile or confined to a bed or wheelchair for prolonged periods. Although some victims believe bed sores are a normal consequence of being in bed for a long period of time, negligent care, reckless action, understaffing and failure to provide adequate training are the most common reasons for bed sores. If you decide to file a bedsore lawsuit against a nursing home or medical provider, the proposed settlement amount will depend on a number of factors such as the bed sore's cause, severity, and the necessity of expensive medical treatment.

Bed sores are caused by constant pressure on the skin, which restricts blood flow and causes skin breakdown. It most often develops on parts of the body that press against the bed or wheelchair, such as the tailbone, hips, heels, elbows and shoulders. It is characterized by the following symptoms:

  • Reddish skin
  • Dark scab
  • Chronic wound or swelling
  • Tender skin
  • Pus-filled blisters

There are four stages of the disease. The stage of the disease is usually a primary consideration for the proposed settlement amount:

  • Stage 1. The skin may appear reddened or discolored. The area may feel warm and the person may report sensations of burning, pain or itching.
  • Stage 2. The skin appears damaged, and an abrasion, blister or open sore may be present. The person is likely to experience significant discomfort and the surrounding skin may look bruised.
  • Stage 3. Crater-like lesion forms, reflecting injury below the skin's surface.
  • Stage 4. The wound is very deep, with damage extending to muscles, tendons, bones and joints. There is high risk of infection. The wound is typically large and severe at this stage.

Most bed sore cases are resolved through negotiated settlement. A victim can recover economic damages, non-economic damages, punitive damages, and wrongful death damages (in case the bedsores resulted in the victim's death).

Settlement amounts in bedsore lawsuits can vary substantially based on factors like the severity, duration, and impact of the injuries. Some general points:

  • In less severe cases where ulcers are relatively minor and heal quickly, potential settlements may be in the range of $150,000 to $300,000.
  • If negligence results in serious infection, hospitalization, or prolonged treatment, potential settlements may reach $500,000 or more.
  • Where stage 4 ulcers lead to significant pain, permanent damage or disability, settlements can substantially be higher than $500,000.
  • In some cases where bedsores can be strongly linked to causing or hastening a patient's death, particularly in younger individuals, wrongful death settlements may reach into $1,000,000.

These broad ranges are only estimates. The specific circumstances and evidence involved will affect the potential value. But in general, more severe neglect, worse injuries, and higher medical costs may correlate to higher bedsore lawsuit settlements.

If you need legal representation in filing a bedsore lawsuit, we at the Law Offices of Albert Goodwin are here for you. We are located in Midtown Manhattan in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].

Attorney Albert Goodwin

About the Author

Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].

Albert Goodwin gave interviews to and appeared on the following media outlets:

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