Florida Bedsore Attorneys
A Stage 3 or Stage 4 pressure injury (also known as a bedsore, pressure ulcer or decubitus ulcer), does not arrive without warning. These serious, and often life treating injuries, develop over time, sometimes days or weeks, moving through visible stages that trained nursing and support staff are required to identify, properly assess and treat.
If you or your loved one developed a pressure sore or deep tissue injury during a hospitalization, the wound itself is the record of what did not happen: the turning schedule that was skipped, the daily skin assessments that were not done, the wound care that was delayed until it was too late.
At Fernandez Firm Medical Malpractice Attorneys, we represent Florida families whose loved ones have suffered pressure sores and deep tissue injuries in hospitals and health care facilities.
As dedicated Florida bedsore attorneys with more than 25 years of experience and over $100 Million recovered for clients, we hold negligent hospital corporations accountable for injuries that are, in most cases, entirely preventable. The consultation is free, and you pay nothing unless we win.
Schedule a Free Initial Consultation Today!
Medicare Identifies Advanced Bedsores as Preventable “Never Events”
The Centers for Medicare & Medicaid Services (CMS) classifies hospital-acquired Stage 3 and Stage 4 pressure injuries as “Never Events”—serious medical errors that should never occur under proper nursing care.
When healthcare facilities follow standard prevention protocols, these life threating injuries are fully preventable.
What Defines a “Never Event” Pressure Injury?
Stage 3 and Stage 4 pressure sores involve severe, full-thickness tissue damage that can expose underlying fat, muscle, tendon, cartilage, or bone.
To hold facilities accountable, CMS enforces strict regulatory standards:
- Mandatory Admission Documentation: Hospitals must document whether a pressure sore was present upon admission.
- No Payment for Hospital Neglect: Medicare generally refuses to pay for treating Stage 3 or Stage 4 pressure injuries acquired during a hospital stay.
- Risk Factors Are No Excuse: Advanced age, immobility, or illness do not excuse sub-standard care; higher-risk patients legally require increased vigilance, routine skin checks, turning and repositioning at least every 2 hours and specialized pressure-relieving beds and devices.
When a Bedsore Signals Medical Negligence
A worsening pressure sore during a hospital stay is often a direct indicator of systemic care failures, such as:
- Inconsistent turning and repositioning
- Inadequate nutrition and hydration management
- Failure to adjust care plans as the patient’s condition changes
Suspect Hospital Negligence in Florida?
If your loved one developed a severe pressure sore or advanced bedsore during a hospital stay, you deserve clear answers.
Contact our medical malpractice attorneys today for a free, confidential case evaluation.
Schedule a Free Initial Consultation Today!
What Does a Bedsore Tell You About the Care Your Loved One Received?
In many cases, the presence of a pressure sore or deep tissue injury (DTI) indicates a breakdown in basic nursing care and nursing abuse—not that the patient’s underlying condition made the injury inevitable.
Hospitals often argue that severely ill or immobile patients are simply “high risk.” While that risk may be real, a higher risk requires more vigilant care, not less, and it is never an excuse for poor medical management.
What the Standard of Care Requires in Florida Hospitals
Established medical protocols require healthcare facilities to actively protect vulnerable patients. The standard of care mandates that hospital staff:
- Assess Risk Continuously: Evaluate patient risk for skin breakdown using standardized tools like the Braden Scale upon admission and during every nursing shift.
- Reposition Frequently: Turn and reposition patients at least every two (2) hours.
- Stage & Treat Immediately: Properly assess, measure, stage, document, and treat any sign of skin breakdown at the first indication of damage.
- Notify Representatives: Promptly inform the patient,their family and treating medical doctor of any significant change in skin condition.
Legal Right to Information:
Under Florida Statute § 381.026 (Florida Patient’s Bill of Rights), patients have a statutory right to full disclosure regarding their diagnosis, prognosis, and treatment risks. Failing to inform families of severe skin deterioration violates these rights.
CMS “Never Events” and Facility Accountability
When a pressure sore or DTI develops or worsens during a hospital stay, it is almost always evidence that nursing staff failed to perform these mandatory steps.
- “Never Event” Classification: The Centers for Medicare & Medicaid Services (CMS) classifies any hospital-acquired Stage 3, Stage 4, or unstageable pressure injury as a “Never Event”—a serious error that should never occur under proper care.
- Financial Penalties: Medicare and major private insurers generally refuse to reimburse hospitals for the costs associated with treating an in-house -acquired Stage 3 and Stage 4 pressure ulcers.
Protect Your Loved One’s Legal Rights
When a facility allows a pressure injury to form or progress, it is not just a clinical failure—it is a violation of a patient’s legal rights.
If your loved one suffered from a hospital-acquired pressure sore or deep tissue injury in Florida, contact our experienced medical malpractice team today for a free, confidential consultation.
Schedule a Free Initial Consultation Today!
What Are the Stages of Pressure Sores, and Why Does the Stage Matter?
The stage matters because it establishes how long the neglect persisted and how severe the wound care failures were. Pressure sores progress through four recognized stages, plus an “unstageable” category. Understanding the stage of your loved one’s wound is one of the first things we assess.
Stage 1: Skin is intact but appears red, or discolored and does not return to its normal color when pressed. This is an early warning sign that should trigger immediate repositioning and preventive care.
Stage 2: The outer layer of skin is broken. The wound may appear as a shallow open sore, a blister, or even a scrape. At this stage, proper treatment can prevent further skin damage. Failure to treat here is a significant care failure.
Stage 3: The wound has extended through the skin into the underlying subcutaneous fatty tissue. It may appear crater-like with visible drainage, odor, or red edges. Muscle, tendon, and bone are not yet visible, but the tissue damage is considered serious.
Stage 4: The wound is deep, with exposed tendons, muscle, orbone visible. There is a high risk of life-threatening infection, including sepsis (a severe infection that spreads through the bloodstream and can be fatal). Stage 4 wounds that are found on a patient who was under continuous care represent one of the clearest failures of nursing oversight.
Unstageable: The true depth of the wound cannot be determined because it is covered by slough (soft, wet dead tissue) or eschar (dry, dark dead tissue). These wounds must be debrided, meaning the dead tissue must be removed, before the injury can be prestaged. Once debrided, they are almost always stage 3 or stage 4.
Deep Tissue Pressure Injury (DTI or DTPI): Broken or intact skin with persistent, non-blanchable deep red, maroon, or purple skin discoloration. These injuries develop from intense or prolonged pressure and shear forces between the bone and muscle levels.
Patients with deep tissue injuries must be turned and repositioned frequently to eliminate all direct pressure on the injury site. Specialized pressure reduction mattresses should be utilized. However, the use of specialty mattresses does not eliminate the need for hands-on turning and repositioning at least every 2 hours by responsible nursing staff.
What to Do After Discovering a Bedsore
If you discover a bedsore, seek immediate medical attention and closely follow the treatment plan your healthcare provider prescribes. Schedule a free consultation with a Florida bedsore lawyer who will explain your legal rights, answer your questions, and tell you more about the medical malpractice claims process.
If you have documentation about the injury and its treatment, share it with your lawyer. Do not worry about not having enough proof that medical neglect occurred; our legal team will gather information and evidence as we investigate the claim.
What Should You Do Right Now If Your Loved One Has Bedsores?
Act immediately, and document everything.
Photograph the wound. Many Florida hospitals and large health care corporations have intentionally stopped photographing and documenting the extent of pressure injuries, a deliberate strategy to reduce their exposure to civil litigation. Do not rely on the responsible provider’s records. Take dated photographs of your loved one’s bedsores several times a week, clearly showing the wound’s size, color, and progression.
IF HEALTH CARE STAFF ATTEMPT TO PREVENT YOU FROM TAKING WOUND PHOTOGRAPHS, CONTACT AN EXPERIENCED FLORIDA BEDSORE LAWYER IMMEDIATELY. PHOTOGRAPHS MAY BE THE MOST IMPORTANT EVIDENCE IN YOUR CASE.
Make sure your loved one is being turned. The clinical standard requires repositioning at minimum every two hours for bed-bound patients. Ask the nursing staff directly, make note of when repositioning is happening and when it is not, and document your observations in writing. Report any failures to facility management, in writing (retaining a copy) so there is a record.
Request a conference to discuss the pressure sore with the treating physician and the wound care nurse. During the conference, ask for a written copy of your loved one’s current wound care plan, the Braden Scale assessment, all skin assessment and, most importantly, the Stage of the pressure injury. Also ask that the hospital staff photograph the injury and follow-up with a confirming email, to all persons involved, in the plan of care
File a complaint. If you believe that the hospital or its nursing staff was negligent and failed to provide adequate care, you can report it to the Florida Agency for Health Care Administration (AHCA), which licenses and inspects these facilities. Filing a complaint creates an official record and may trigger an in-house inspection by State officials.
Call us. The earlier we begin our investigation, the better the evidence. Witnesses can be interviewed while events are fresh. Records can be preserved before they are altered or lost. Photographs can be taken of these injuries by our investigators to document neglect and preserve vital evidence.
Please call us before you meet with hospital administrators or their professional risk managers.
Schedule a Free Initial Consultation Today!
What Results Has the Fernandez Firm Achieved in Bedsore and Nursing Home Cases?
- $2.3 Million — Tampa wrongful death from Stage 4 pressure sore injury complications in Orlando
- $1.1 Million — Stage 4 bedsore suffered by a bed-ridden hospital patient in Tampa.
- $700,000 — Settlement Stage 4 pressure injury suffered by a 73-year-old hospital patient in Tampa.
- $500,000 – Stage 4 bilateral buttock pressure injuries suffered by a 40-year-old man in Polk County
Past results do not guarantee a similar outcome in your case.
Why Choose the Fernandez Firm for Your Florida Bedsore Case?
At The Fernandez Firm, medical malpractice is not just one of our practice areas, it is all we do! Successfully prosecuting hospital-acquired bedsore and pressure injury claims requires deep medical insight and a thorough understanding of Florida’s complex pre-suit statutory process.
Large hospital systems and billion-dollar insurance companies defend pressure injury claims aggressively. Their defense strategies rely on familiar excuses:
- Claiming the patient was “too ill” or “medically fragile” to prevent skin breakdown.
- Asserting that the pressure ulcer was “unavoidable” due to underlying risk factors.
- Insisting that nursing staff followed all internal protocols.
To an inexperienced attorney, these arguments may sound credible. We know better.
Uncovering the Truth Behind Hospital Records
With over 25 years of experience and hundreds of millions recovered for our clients, our legal team knows how to expose systemic care failures:
- Auditing Nursing Logs: We analyze turning and repositioning logs to verify whether mandatory 2-hour repositioning actually occurred.
- Evaluating Treatment Plans: We identify when wound care policies and procedures were inadequate, not followed or implemented too late.
- Exposing Record Alterations: We recognize signs of late, incomplete, or fraudulent charting created after a pressure injury occurred.
Navigating Florida’s Pre-Suit Malpractice Requirements
Before filing a medical malpractice lawsuit for a hospital-acquired bedsore, Florida Statute § 766 mandates a rigorous pre-suit process. Our team handles every step to ensure your claim is protected:
- Good-Faith Investigation: Thoroughly reviewing all medical records and facility documentation.
- Sworn Expert Medical Affidavit: Retaining qualified nursing and medical experts to provide the legally required corroborating affidavit.
- Formal Notice of Claim: Serving detailed written Notice of Intent to Initiate Medical Malpractice to all negligent providers and facilities.
- 90-Day Pre-Suit Period: Managing preliminary discovery, witness statements, and negotiations during the defendant’s evaluation window.
Get Experienced Advocates on Your Side
If a hospital or long-term care facility allowed your loved one to suffer a preventable pressure injury, do not let them blame the patient.
Contact The Fernandez Firm today for a free, confidential case evaluation.
Schedule a Free Initial Consultation Today!
Who Will Handle Your Florida Bedsore Case?
When you retain the Fernandez Firm, Frank F. Fernandez III or Jennifer Gentry Fernandez will personally manage your case. Not an associate attorney, or a paralegal.
Frank F. Fernandez III has spent more than 30 years litigating and trying medical malpractice and pressure injury negligence cases throughout Florida. He has been recognized by Florida Trend Magazine as one of Florida’s Legal Elite, named a Top Attorney by the Tampa Bay Magazine and for the past ten years has been selected by his peers as a “Super Lawyer.” 
Jennifer Gentry Fernandez graduated from Stetson University’s College of Law, where she was a member of the award-winning national trial team. She has been named a Top Attorney by Tampa Bay Magazine multiple times and holds a listing in the National Register’s “Who’s Who Among Business and Professional Achievers.” Since 2017, she has been consistently recognized as a medical malpractice “Super Lawyer.”
Florida Bedsore FAQs
What is the pre-suit investigation process for Florida bedsore cases filed as medical malpractice?
Before a lawsuit can be filed, Florida law requires completion of a mandatory pre-suit process under Florida Statute §766. This involves investigating the claim, obtaining a sworn opinion from a qualified expert, and formally notifying each defendant of your claim.
The hospital defendant has 90 days to respond before a lawsuit can proceed. The statute of limitations clock starts before a lawsuit is filed, which is why contacting an attorney quickly matters.
What compensation can a family recover in a Florida bedsore case?
You may recover past and future medical costs for treating the pressure injury and any related complications, lost wages if a family member had to leave work to provide care, pain and suffering the resident experienced, and, in cases of wrongful death, funeral expenses and the family’s loss of support and companionship.
In cases of gross neglect or intentional misconduct, punitive damages may also be available.
Can bedsores lead to a wrongful death claim in Florida?
Yes. Pressure sores can cause life-threatening infections, including sepsis (a potentially fatal infection that spreads from the wound into the bloodstream) and osteomyelitis (bone infection).
When a resident dies from complications directly linked to a bedsore that was caused or allowed to worsen by facility neglect, the estate and family may have a wrongful death claim.
Does Medicare or Medicaid cover the treatment of bedsores developed in a nursing facility?
Generally not when the pressure sore is considered preventable. The Centers for Medicare and Medicaid Services (CMS) classifies hospital-acquired pressure ulcers as “Never Events” — conditions that should not occur with proper care, and may deny reimbursement for their treatment.
How long does a Florida bedsore case typically take?
Most cases take one to two years from the initial investigation to settlement or verdict. The mandatory pre-suit process adds months before a lawsuit can be filed. Cases involving severe injuries or deaths tend to take longer. We give every client a realistic timeline after reviewing the specific facts and keep clients updated throughout.
The facility says my loved one was “high risk” for bedsores because of their health — does that mean we can’t sue?
No. Being at high risk means the health care facility was required to take greater precautions, not fewer. The standard of care generally requires hospitals to assess each patient’s risk for pressure injuries and implement an individualized care plan designed to prevent skin breakdown.
Preventive measures may include turning and repositioning every 2 hours, routine skin assessments, moisture management, pressure-relieving devices, and adequate nutrition and hydration.
How do I know if the bedsore was caused by neglect or by my loved one’s underlying illness?
Serious pressure sores develop along a predictable path. Stage 3 and stage 4 wounds take days or weeks to progress from the early redness that should have triggered intervention.
If the wound advanced through multiple stages while your loved one was under continuous care, independent medical experts can review the facility’s records and identify where the care failed. We do that review at no cost to you.
How long do I have to file a bedsore lawsuit in Florida?
Under Florida’s statute of limitations, you generally have two years from the date of accident or injury to file suit. Before you can file, Florida law requires that a qualified expert review the case and provide a sworn affidavit stating that the health care provider was negligent and caused injury. Contact us immediately if you have any concern about your timeline.
My loved one developed bedsores and later died. Can we still bring a claim?
Yes. If a family member died from complications related to bedsores, including sepsis, infection, or related organ failure, surviving family members may pursue a survival or wrongful death claim under Florida law.
These claims can include compensation for medical expenses, pain and suffering before death, funeral expenses, and the family’s loss of support and companionship. Time limits apply. Contact us now.
The facility stopped photographing and documenting my loved one’s bedsore. What does that mean?
It may be one of the most telling facts in your case. Florida facilities are required to document wound care consistently. When documentation stops while a patient remains in care, it often indicates that staff were aware the wound was worsening and chose not to create a paper trail.
Our attorneys and investigators know how to identify these gaps in records and how to present them to a jury as evidence of deliberate neglect.
We Don’t Get Paid Unless You Win
At the Fernandez Firm, you owe us nothing unless we win your case. No retainer, no hourly fees, no upfront costs of any kind.
We advance the costs of the investigation, medical expert review, depositions, and all court filings. Our fee is an agreed-upon percentage of your final recovery, collected only when we win. If we do not recover for you, you pay nothing.
The consultation is always free.
Schedule a Free Initial Consultation Today!
Contact Our Florida Bedsore Attorneys
If you or a loved one developed a pressure injury (commonly known as a bedsore, pressure ulcer or decubitus ulcer) in a Florida hospital or health care facility, call us before you sign anything, accept anything, or meet with hospital officials or their professional risk managers.
We serve clients throughout Florida from offices in Tampa, St. Petersburg, Sarasota, Orlando, and Lakeland.
Looking for bedsore information specific to your area? See our Tampa, Clearwater, St. Petersburg, or Sarasota pages.
Call (800) 222-8163 or contact us online. Available 24 hours a day, 7 days a week.
The Fernandez Firm – Tampa Office
2503 W Swann Ave #100,
Tampa, FL 33609
Phone: (813) 278-1032