Florida Bedsore Lawyer
Bedsores, or pressure sores, have become a common yet serious issue in nursing homes and hospitals across Florida. These painful and potentially life-threatening injuries often signify neglect of the patient’s care needs and can lead to severe health complications or even death.
If you or a loved one has suffered from bedsores while under the care of a healthcare facility in Florida, you may deserve considerable compensation for the hardships you have endured. The law recognizes your right to seek compensation for physical pain, emotional trauma, or financial burdens from medical expenses.
Our Florida bedsore lawyer fight for the rights of bedsore victims. Years of experience, extensive legal knowledge, and a relentless pursuit of justice have prepared us to champion your cause. We will pursue the compensation you rightfully deserve and hold the responsible parties accountable for their negligence.
Why Choose Fernandez Firm Accident Injury Attorneys?
Your choice of legal representation can make a significant difference in the success of your bedsore lawsuit in Florida.
Fernandez Firm Accident Injury Attorneys provide competent legal counsel and fight for justice with compassion and dedication. Our team of advocates has amassed vast experience and has a successful record of handling bedsore-related cases in Florida.
Our offices in Tampa and Lakeland, Florida, are easy to get to. We are familiar with the necessary legal procedures and protocols for filing and prosecuting bedsore lawsuits locally. Our calm and welcoming office surroundings foster a conducive environment for our clients as we prepare their cases.
Bedsores Compensation in Florida
As a victim of bedsore injuries, Florida law gives you the right to seek compensation for your suffering. You can seek compensation for the physical pain, the psychological trauma, or the financial losses you incurred from the healthcare facility’s neglect.
In many cases, punitive damages are available if, as Florida law stipulates, the claimant can prove that intentional misconduct or gross negligence caused their injury. While intentional misconduct is not generally a factor in Florida bedsore cases, gross negligence can be.
At Fernandez Firm Accident Injury Attorneys, we start by performing exhaustive investigations to establish liability. Our team further carries out a comprehensive analysis of the damages you suffered to accurately value and effectively seek the maximum compensation.
Where Do Bedsores Occur in Florida?
Bedsores have a disproportional impact on nursing home residents and hospital patients in Florida. According to Johns Hopkins Medicine, those at the highest risk of bedsores are individuals who are bedridden, unconscious, unable to sense pain, and immobile. The condition is more common in the elderly and individuals with diabetes, malnourishment, or circulation problems.
While many people believe that bedsores are unavoidable in bedridden patients, it is not true.
According to a UK-based study published by the National Library of Medicine, nursing homes and healthcare facilities can perform interventions to prevent residents or patients from incurring bedsores, including:
- Performing assessments to determine whether the patient or resident is at higher risk of pressure ulcers and whether the skin shows signs of developing infections or bedsores.
- Repositioning the patient or resident at frequent and regular intervals to avoid the development of a bedsore. Medline Plus notes that repositioning bedridden patients every two hours aids blood flow and prevents bedsores. Bedsores most commonly occur on jointed areas, so it is important during repositioning to keep the ankles and knees from touching each other.
- Using medicated creams to treat existing bedsores.
- Correcting compromises of hydration and nourishment to encourage skin health.
Providers do know about these interventions, and training is available. Facility understaffing, lack of adequate training, and other issues prevent many patients and residents from obtaining these interventions, making them victims of nursing home or medical neglect.
Bedsores, or pressure sores, are skin injuries that prolonged pressure on specific body parts causes. Areas with minimal fat padding between bones and skin are especially vulnerable. An initial, mild but constant redness can progress to a more severe instance that exacerbates muscle or bone injuries.
Several complications can result from bedsores, including:
- Localized infections.
- Gas gangrene.
Complications from bedsores can result in the patient or resident needing antibiotics, surgical debridement of dead skin tissue, or even amputation of a limb from severe wound infections. Bedsores can be extremely painful and stressful for the sufferer.
Fighting the Insurance Company
The law requires nursing homes and hospital facilities to provide a standard of care for those they treat. They must take reasonable actions to avoid causing a patient harm.
For a facility, this includes hiring staff members with the proper licensing and training and adequately staffing the facility to meet all patients’ and residents’ needs, including providing the basic medical care to prevent bedsores.
When a hospital patient or nursing home resident suffers bedsores resulting from nursing home neglect, the facility is generally liable. Facilities are responsible for ensuring employees’ professional liability and providing employees with policies and protocols for rendering care to patients.
The type of insurance that covers hospital and licensed nursing home employees’ liability is medical malpractice insurance. Florida law requires healthcare providers to maintain a malpractice insurance policy that covers at least $100,000 per incident and provides $300,000 in aggregate annual coverage.
For providers seeking privileges to treat patients in hospitals rather than doctors’ offices, the insurance requirements are $250,000 per incident and $750,000 in aggregate annual coverage. A facility’s medical malpractice policy typically covers the actions of employed staff members, such as nurses, physician assistants, or certified nurse assistants.
A doctor who treats patients in a hospital and the staff members under their direction or supervision generally rely on their malpractice policy.
Like most types of insurance, the companies that sell malpractice policies are not in the business of paying out large claim amounts. They seek to limit their losses on claims and make money by selling more policies.
Dealing with insurance companies in bedsore cases can be daunting because their mission is to minimize payouts while you are seeking the highest compensation available. Insurance adjusters often employ tactics for minimizing the compensation payout or denying the claim altogether.
Fernandez Firm Accident Injury Attorneys will navigate these challenges for you. We harness our rich experience and extensive knowledge to negotiate assertively with the insurance company and ensure they pay the fair and full compensation you deserve.
The Services an Attorney Provides When Handling Your Claim
Medical malpractice claims are more complex than most other personal injury claims. Determining who was liable for the injury, obtaining evidence to prove liability, and suing a healthcare or nursing facility is a complex process involving strict deadlines and intricate requirements.
The services an experienced Florida bedsore lawyer can provide include:
- Determining the source of liability and insurance resources through a thorough investigation of the claim.
- Gathering documentation and information to establish a value to the claim that includes the expenses from the treatment of the bedsore and compensation for the profound psychological consequences that accompany this type of injury.
- Filing a lawsuit within Florida’s statute of limitations for medical malpractice claims. The Florida Bar explains that the deadline for filing a medical malpractice lawsuit is typically two years, though some situations may justify extensions.
- Fighting for your right to compensation through aggressive negotiations or effective litigation services.
- Processing your compensatory award after a successful settlement or court verdict.
Many people who have suffered bedsores or discovered that their loved one avoided seeking compensation for the expenses and inconveniences from the injury because they do not believe they can afford an attorney.
Some even attempt to file a medical malpractice claim on their own, which almost always results in a much smaller settlement than the claimant needs. In some cases, insurance companies deny their claim altogether.
Having an experienced attorney handle your claim and secure the compensation you need is affordable for anyone who has suffered an injury due to a hospital or nursing home provider’s negligence, regardless of their financial status.
The legal team at the Fernandez Firm uses a contingent fee billing method. The American Bar Association explains that a contingent fee means that payment of the attorney’s services is contingent upon the attorney delivering a successful outcome for the claim.
You are not responsible for paying for the work your legal team completed on your case if you do not receive compensation. Your attorney receives a percentage of the overall reward if they do secure compensation.
Here is how it works:
- You attend a free case evaluation with a Florida bedsore lawyer from Fernandez Firm. After your consultation, you will sign a contingent fee agreement if you decide to hire an attorney. This agreement details the services the law firm will provide and designates a percentage of the compensation as payment. It is important to ensure that you read and understand this agreement carefully before signing.
- Once the contingent fee agreement is in place, your legal team will begin working on your claim while you or your loved one physically recovers. You will not receive a bill for the work while your case is active.
- Your attorney will receive your compensation and place it into a trust once they complete the negotiation process. They will deduct the percentage of their pay that the contingent fee agreement dictates from that trust. They will also settle medical liens that medical providers who treated the bedsore placed on the award before giving the remainder of the compensation to you.
Contact Fernandez Firm Accident Injury Attorneys Today
Contrary to popular belief, bedsores are not a sign of old age and infirmity. They are a sign of the neglect that is unfortunately common in hospitals and nursing homes throughout Florida. The injuries can result in significant pain, high medical expenses, and other costs, such as finding a new nursing home placement.
If you or someone you care about is a victim of bedsore neglect, contact our team for a free consultation.
At Fernandez Firm Accident Injury Attorneys, we empathize with your struggle and fight for your rights and the compensation you deserve. Let our experience and dedication to serve guide you through this journey toward justice and healing.
We can serve you anywhere in Florida. Call our Lakeland office at (863) 230-8361 or our Tampa office at (813) 278-1032, or message us through our online contact form.
The Fernandez Firm – Tampa Office
2503 W Swann Ave #100,
Tampa, FL 33609
Phone: (813) 278-1032