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Does my loved one have a nursing home abuse or neglect case if she developed a bedsore in an Illinois nursing home?

Maybe. Often, bedsores on nursing home patients do develop because of nursing home negligence. According to the Mayo Clinic, bedsores develop when pressure is put on an area of skin for too long. People who are unable to move themselves—such as those confined to wheelchairs or beds—may be more likely to develop bedsores, particularly when nursing home staff do not change their positions often enough.

Negligence Is Something Your Loved One Must Prove

Having a bedsore will not in and of itself result in a recovery. Instead, your loved one will need to prove that the bedsore occurred because of the negligence of nursing home staff by establishing that:

  • Nursing home staff owed her a duty of care. Nursing home staff owed your loved one a duty of care because your loved one was a resident of the nursing home.
  • Nursing home staff breached that duty of care by failing to act like reasonable staff would in similar circumstances. She will need to prove that the nursing home staff failed to provide adequate care when compared to the care that a reasonable nursing home would provide.
  • She suffered physical harm as a result of the breach of the duty of care. In other words, the bedsore was caused by the staff’s neglect and she would not have suffered the bedsore but for the neglectful actions of the staff.
  • She is legally entitled to damages. If she was injured due to negligence, then she likely has the standing to sue and recover damages.

While it is your loved one’s responsibility to prove that negligence caused her bedsore injury and that she is eligible to recover damages, she need not prove this on her own. She has the right to consult with a nursing home abuse lawyer to learn more about her rights and to get help protecting them.

Jason F. Abraham
Managing Partner, Hupy and Abraham