San Diego Bedsore Lawyer

Vaage Law > Practice Areas > San Diego Bedsore Lawyer

A bedsore can start as an area of damaged skin and progress into a deep wound involving muscle or bone. For an older adult who depends on nursing home staff for repositioning, hygiene, nutrition, and medical care, discovering one can raise serious questions about the care they have been receiving.

If your parent, spouse, or another family member developed a pressure injury in a San Diego nursing home, assisted living facility, hospital, or other care setting, a San Diego bedsore lawyer at Vaage Law can investigate whether failures in care contributed to the wound.

Founding attorney Robert Vaage has more than 35 years of trial experience, has tried more civil cases to verdict than 95% of attorneys in San Diego, and has recovered over $190 million for clients.

Each year, bedsores, also known as pressure ulcers, affect roughly 2.5 million Americans. While these painful wounds are unfortunately common among the elderly due to their fragile skin and limited mobility, this doesn’t mean they should be considered a normal part of nursing home care.

Residents who cannot reposition themselves depend on caregivers to recognize their risk and take appropriate steps to protect their skin. When a facility fails to assess that risk, reposition a resident, respond to skin changes, or obtain treatment for a developing wound, the resident can suffer preventable harm.

At Vaage Law, we refuse to stand by while senior residents are unjustly subjected to mistreatment, neglect, and pain. For over 30 years, our firm has made it our mission to uphold the rights of and protect the more vulnerable.

Pressure ulcers should never be brushed aside, as they can result in life-threatening complications for your loved one. Reach out to us online or call (619) 338-0505 so a San Diego bedsore lawyer can investigate what happened and whether the facility should be held accountable.

“At Vaage Law, we are sickened by any instance of elder abuse because when facilities cut corners or ignore their responsibilities, they aren’t just failing in their duties—they’re carelessly and callously risking innocent senior citizens’ health and dignity. We fight for the highest standard of care because when it comes to protecting those you love, anything less is simply unacceptable.”

— Robert Vaage, Founding Partner & Attorney at Vaage Law

What Are Bedsores and Pressure Injuries?

A pressure injury is damage to the skin and underlying tissue caused by prolonged or intense pressure, sometimes combined with friction or shearing forces. These wounds frequently develop over bony areas where there is less tissue between the skin and bone, including the heels, ankles, hips, tailbone, elbows, and back of the head. Medical devices can also cause pressure injuries.

An older adult who spends much of the day in bed or a wheelchair may be unable to shift their weight without assistance. Pressure on the same area can reduce blood flow to the tissue. Without relief, the tissue can become damaged and eventually die.

Families may hear several terms used for the same type of injury, including bedsore, pressure sore, pressure ulcer, decubitus ulcer, and pressure injury. The medical community increasingly uses “pressure injury” because damage can exist before the skin develops an open ulcer.

Finding a pressure injury does not by itself establish that a San Diego facility was negligent. The important questions include when the resident became at risk, what staff knew about that risk, what preventive measures were ordered, whether those measures were actually carried out, and how quickly staff responded when the resident’s skin began to deteriorate.

What Causes Pressure Ulcers?

Bedsores, or pressure ulcers, develop when there is prolonged pressure on the skin, typically over bony areas like the heels, hips, or tailbone. In nursing homes, these sores often occur because residents may be bedridden or confined to a wheelchair for extended periods.

When someone cannot change positions on their own, the pressure on their skin can restrict blood flow, leading to tissue damage and sores. 

The appropriate repositioning schedule depends on the resident’s condition, mobility, skin tolerance, support surface, and care plan. Staff should assess the resident’s individual risk rather than rely on a single schedule for everyone.

Factors That Increase the Risk of Bedsores

Several factors increase the risk of developing pressure ulcers, including:

• Delicate Skin: Elderly individuals often have thinner, more delicate skin that is less able to handle pressure.
• Medical Conditions: Conditions like diabetes, incontinence, or poor circulation can make the skin more vulnerable.
• Inadequate Staffing: Insufficient staff may mean that residents are not repositioned regularly, cleaned, or taken care of properly.
• Lack of Proper Training: Staff may not be adequately trained to prevent and manage bedsores.
• Insufficient Attention: Failure to maintain skin hygiene and use supportive surfaces can contribute to the problem.

Other residents may face increased risk because they cannot communicate pain or discomfort, have poor nutrition or hydration, use medical devices that press against the skin, or have already experienced a pressure injury.

These risk factors are reasons for caregivers to pay closer attention to a resident’s skin and care needs. If your loved one’s chart identified them as high-risk, the next question is what the San Diego facility did with that information.

How Are Bedsores Prevented in Nursing Homes?

Pressure-injury prevention is part of routine care for residents who are at risk. AHRQ’s pressure-injury prevention resources emphasize identifying at-risk patients and building prevention practices into everyday care.

Depending on the resident’s needs, prevention can include:

• Regularly assessing the resident’s skin for redness, discoloration, warmth, changes in texture, or other early signs of damage;
• Repositioning residents who cannot move independently;
• Using pressure-relieving mattresses, cushions, heel protectors, or other appropriate support surfaces;
• Keeping skin clean and managing moisture caused by incontinence or perspiration;
• Addressing nutrition and hydration problems that can interfere with skin health and healing;
• Monitoring medical devices that place pressure against the skin; and
• Updating the care plan when the resident’s mobility, health, or skin condition changes.

A prevention plan only protects a resident when it is actually followed. A chart may say that a resident needs repositioning, skin checks, or a pressure-relieving surface, but the records can tell a different story about whether those interventions occurred.

A San Diego bedsore attorney can examine the resident’s care plan, nursing notes, skin assessments, treatment records, staffing information, and other documentation to determine whether appropriate preventive measures were ordered and carried out.

Where Does Negligence Occur in a Bedsore Case?

Families often discover the wound after it has already progressed. The question then becomes how the resident reached that point while depending on professionals for daily care.

Potential failures can occur at several stages:

• Risk assessment: Staff fail to recognize that a resident is immobile or otherwise at high risk for pressure injuries.
• Care planning: The facility identifies the risk but does not establish appropriate preventive measures.
• Daily care: Repositioning, skin checks, hygiene, nutrition, hydration, or other ordered interventions are missed.
• Communication: A nursing assistant notices redness or skin breakdown but the change is not reported to a nurse or physician.
• Treatment: A wound is identified but appropriate wound care or medical evaluation is delayed.
• Monitoring: Staff document a pressure injury but fail to recognize that it is worsening.
• Staffing and supervision: Too few appropriately trained caregivers are available to carry out the resident’s care plan.

One missed repositioning does not automatically establish a case. A pattern in the records, however, may show that a resident repeatedly went without the care the facility itself determined was necessary.

That is why the investigation should go beyond photographs of the wound. A San Diego pressure ulcer lawyer can compare what the facility was supposed to do with what its own records show staff actually did.

How Common Is Elder Abuse in San Diego?

San Diego County’s older population is growing quickly. More than 709,600 county residents are currently age 60 or older, and that number is expected to reach approximately 850,300 by 2030.

As more San Diegans rely on caregivers, nursing homes, assisted living facilities, and other long-term care services, protecting older adults from abuse and neglect becomes increasingly important.

San Diego County Adult Protective Services investigates reports involving physical abuse, financial abuse, abandonment, isolation, neglect, self-neglect, and other forms of harm involving older and dependent adults.

Pressure ulcers are only one potential sign that a vulnerable resident is not receiving appropriate care. If your loved one develops a bedsore in a San Diego nursing home or care facility, the wound and the circumstances surrounding it deserve a closer look.

The Four Stages of Bedsores

Healthcare providers classify pressure injuries by the depth and extent of tissue damage. AHRQ describes four stages, along with unstageable pressure injuries and deep tissue pressure injuries.

There are four stages to bedsores:

• Stage 1: The skin remains intact, but there is persistent discoloration that does not blanch when pressed. Changes in sensation, temperature, or firmness can also occur.
• Stage 2: There is partial-thickness skin loss with exposed dermis. The wound may appear red or pink or resemble a blister.
• Stage 3: There is full-thickness skin loss extending into deeper tissue. Fat may be visible, and the wound can develop tunneling or undermining.
• Stage 4: There is full-thickness skin and tissue loss with exposed or directly palpable deeper structures such as muscle, tendon, cartilage, or bone.

An unstageable pressure injury has full-thickness skin and tissue loss, but dead tissue obscures the wound enough that its true depth cannot yet be determined. A deep tissue pressure injury can appear as persistent deep red, maroon, or purple discoloration and may deteriorate rapidly as the extent of the underlying damage becomes apparent.

What Complications Can Pressure Ulcers Cause?

An advanced pressure injury is more than a wound on the surface of the skin. As tissue damage progresses, bacteria can enter the wound and cause serious infections. AHRQ specifically includes infection among the complications addressed in its current pressure-injury education for long-term care facilities.

Complications can include wound infections, cellulitis affecting surrounding skin and tissue, infection reaching the bone, tissue death, and sepsis. Deep wounds can also require debridement or other surgical treatment and may be extremely difficult to heal in an older adult with other medical conditions.

A worsening pressure injury can also take away mobility and independence. Pain may make it harder for a resident to sit, lie comfortably, participate in rehabilitation, or move without assistance.

Can Bedsores Lead to Death?

When severe pressure wounds become infected, the infection can spread beyond the wound. Sepsis is a life-threatening response to infection that can lead to organ dysfunction, shock, and death.

When a San Diego nursing home resident dies after developing an infected pressure injury, the medical records can help determine whether the wound and resulting infection contributed to the death and whether earlier intervention could have changed the outcome. 

A San Diego pressure ulcers attorney can investigate the care leading up to the resident’s decline and determine whether there are grounds for an elder abuse, negligence, medical malpractice, or wrongful death claim.

Your loved one’s golden years should be a time of peace and comfort, not hindered by the agony of bedsores. They deserve the kind of care that mirrors the love and attention you would provide yourself.

Don’t let these years be overshadowed by suffering. Contact Vaage Law online or call (619) 338-0505 to discuss what happened to your loved one.

How Can a San Diego Bedsore Lawyer Help Me and My Loved One?

If you’re worried your loved one is experiencing elder abuse and suffering bedsores as a result, you don’t have to tackle this challenge alone. A San Diego bedsore attorney can investigate whether the wound resulted from a breakdown in the resident’s care and identify who may be responsible. A lawyer will work to hold the facility accountable and protect your family’s rights by:

• Unearthing the Truth: A lawyer will dig deep to gather evidence of the abuse, including photographs of bedsores, medical records, and reports from nursing home inspections.
• Collecting Witness Statements: Your lawyer will interview staff, other residents, and anyone else who can provide relevant testimony about the mistreatment.
• Bringing in the Professionals: They’ll consult medical professionals to get a clear picture of the damage done by the pressure ulcers and how it could have been prevented.
• Taking Care of Legal Procedures: Lawyers will handle the legal paperwork and procedural requirements, so you can focus on your loved one.
• Fighting for Fair Compensation: Whether negotiating with the facility or taking the case to court, your lawyer will pursue compensation that addresses the harm your loved one has endured.

How Do You Prove Negligence in a San Diego Bedsore Case?

A photograph can show how severe a bedsore became. Proving negligence requires looking further back to determine how the wound developed, what the facility knew, and whether the resident received the care they needed.

A San Diego bedsores attorney may review records such as:

• Admission and skin assessments
• Care plans and repositioning records
• Wound measurements and treatment notes
• Nutrition and hydration records
• Physician orders
• Notes documenting changes in the resident’s condition

The records can reveal gaps between the care that was ordered and the care that was actually provided. If a resident was supposed to be repositioned regularly, for instance, missing entries may raise questions about whether it happened. Records showing worsening skin breakdown without a change in treatment or notification to a physician can raise similar concerns.

Other evidence can include staffing records, facility policies, inspection reports, photographs taken by family members, communications with staff, and witness testimony. Medical experts may also evaluate whether the pressure injury was preventable and whether delays or failures in care contributed to the harm.

Families do not need to gather all of this themselves. Vaage Law can obtain the records, compare them with the resident’s care plan and medical needs, and investigate whether the facility’s account matches what actually happened.

What Happens When You File a Pressure Ulcer Lawsuit in San Diego?

A pressure ulcer case usually begins with an investigation into the resident’s care. Your attorney obtains records, identifies the people and facilities involved, reviews the medical history, and determines which legal claims are supported by the evidence. 

This stage can be especially important when a resident moved between a hospital, rehabilitation center, nursing home, or other facility before the wound was discovered.

Once the responsible parties are identified, the next steps depend on the type of claim and the defendants involved. California has different legal requirements for claims involving elder abuse, negligence, and medical malpractice, so the process is not identical in every pressure ulcer case.

If a lawsuit is filed in San Diego County Superior Court, both sides enter discovery. Attorneys can request documents, send written questions, and take depositions from witnesses. In a bedsore case, that may include nurses, certified nursing assistants, administrators, treating physicians, wound-care providers, family members, and medical experts.

A case can resolve through settlement negotiations before trial. If the facility, its insurer, or another defendant disputes responsibility or refuses to offer an appropriate settlement, Vaage Law can prepare the case for trial. Robert Vaage’s extensive trial experience is particularly relevant when a facility’s records and witnesses need to be challenged in court.

The length of the process depends on the medical issues, number of defendants, amount of evidence, and whether the case settles or proceeds to trial. A San Diego pressure ulcer attorney can explain the likely steps after reviewing the circumstances surrounding your loved one’s injury.

How Much Can a San Diego Pressure Ulcers Lawyer Help Me Recover for My Loved One?

Pressure ulcers, along with other signs, can point to elder abuse, medical malpractice, and neglect.

Discovering your loved one has bedsores due to elder abuse can feel world-shattering. Vaage Law will examine how the wound affected your loved one physically, emotionally, and financially when determining the damages that may be pursued. Depending on the claim, recoverable damages may include:

• Medical Costs: Covers the expenses for treating bedsores, including doctor visits, medication, and any necessary surgeries.
• Pain and Suffering: You might be able to get compensation for the physical pain and emotional distress caused by the bedsores.
• Lost Wages: If your loved one had to miss work or if you had to take time off to care for them, a lawyer can help you recover those lost wages.
• Future Medical Needs: They can secure funds for ongoing treatment and care if bedsores have caused long-term health issues.
• Special Equipment: Compensation can also cover the cost of special beds, cushions, or other equipment needed to prevent further bedsores.

If the pressure injury contributed to a resident’s death, additional damages may be available through a wrongful death or survival action. The damages available depend on the legal claims and the circumstances of the resident and surviving family members.

Vaage Law’s Track Record of Settlements and Verdicts for Seniors

The plight of senior citizens is often overlooked, with their struggles sometimes being swept under the rug or ignored by society. At Vaage Law, we refuse to let their voices go unheard and have brought their stories to light to get them the justice and respect they deserve.

Our San Diego bedsores attorneys have achieved positive outcomes for seniors and their families, including:

• $160,000 Settlement for Wrongful Death: An 89-year-old’s fall, due to failure to monitor fall risk, resulted in a broken hip, surgery, and complications that led to her death, including fluid overload and bedsores.
• $700,000 Settlement for Elder Abuse: A 94-year-old was tragically found dead, asphyxiated by a waist restraint left unsecured at the side of his bed.

Why Hire a San Diego Bedsores Lawyer at Vaage Law

When a nursing home or care facility is accused of neglect, its records may say that staff followed the resident’s care plan and responded appropriately. Vaage Law knows how to test those claims against the medical records, staffing information, wound documentation, and testimony from the people responsible for the resident’s care.

We also know these cases are deeply personal for families. You trusted a facility to protect someone who depended on others for basic needs such as repositioning, hygiene, nutrition, and medical attention. Finding out that your loved one developed a serious pressure injury can leave you questioning how it happened and whether someone failed them.

A San Diego pressure ulcer lawyer at Vaage Law can investigate those questions and pursue accountability when the evidence shows preventable failures in care.

Contact us online or call (619) 338-0505 to speak with a San Diego bedsores attorney about what happened to your loved one.

Proudly Representing San Diego Residents

FAQs

Ready to begin? Schedule your complimentary case evaluation to get started.