Bedsores can be painful, and in some cases, life-threatening. Understandably, families often assume that the presence of a bedsore automatically means their loved one has been neglected or abused. The truth is more nuanced than that, but if a loved one has developed bedsores, it is worthwhile asking whether neglect is a factor.
At The Law Office of Mark A. Siesel, we have handled countless personal injury matters over nearly 40 years of practice, including nursing home neglect cases involving bedsores. Our firm takes a relationship-based approach: we truly get to know our clients and stay in touch. We also pride ourselves on responsiveness, returning phone calls and emails within 24 business hours, and often the same day. This level of responsiveness is especially important in cases involving bedsores, because every day matters in keeping your loved one safe.
What Are Bedsores?
Bedsores are skin and tissue injuries caused by prolonged pressure on the skin, usually over bony areas such as the hips, heels, tailbone, or shoulders. They are especially common among people who are ill or elderly and who have limited mobility. These individuals may remain in the same position for an extended period of time, which can put pressure on specific areas of the body, causing the tissue in that area to die, which causes a bedsore.
Pressure ulcers can start as red or irritated skin but may progress into open wounds that expose muscle, tendons, or even bone. These wounds are classified in four stages:
- Stage 1: Red or discolored skin that may be tender or warm to the touch.
- Stage 2: Blisters or shallow open wounds form on the surface.
- Stage 3: The sore deepens, often exposing underlying tissue or fat.
- Stage 4: A deep, severe wound that may reach muscle or bone and can lead to dangerous infections.
When bedsores are detected early and treated properly, they can often heal without long-term damage. However, advanced bedsores, especially Stage 3 or 4, are almost always preventable. Their presence typically points to inadequate care, understaffing, or systemic neglect in a nursing home.
Why Do Bedsores Develop?
Pressure injuries occur when a resident remains in one position too long, restricting blood flow and depriving tissues of oxygen. A healthy, mobile person naturally shifts positions throughout the day and night, preventing this from happening. However, many nursing home residents have limited mobility due to illness, injury, or disability. That makes it the facility’s responsibility to:
- Reposition residents regularly, at least every two hours.
- Provide pressure-relieving mattresses or cushions.
- Maintain good hygiene to prevent moisture and infection.
- Monitor nutrition and hydration, since poor diet and dehydration slow healing.
- Document skin checks and care plans in the resident’s chart.
If these steps are skipped or inconsistently performed, pressure injuries can develop quickly, sometimes in just days. That’s when a bedsore may be evidence of neglect.
When Bedsores Suggest Neglect or Abuse
It’s important to understand that while some residents are medically fragile, advanced bedsores almost never happen with appropriate care. A facility that follows standard nursing protocols can prevent most of them. Signs that a bedsore might indicate abuse or neglect include:
- Unexplained or repeated sores in the same areas of the body.
- Failure to report the injury to the resident’s family or physician.
- Delays in treatment or refusal to send the resident to a hospital.
- Poor documentation, including missing repositioning logs or inconsistent wound-care notes.
- Visible signs of general neglect, such as poor hygiene, dehydration, or dirty bedding, in addition to bedsores.
- Low staffing levels or high turnover among aides and nurses.
When Bedsores May Not Be Neglect
In some limited cases, a bedsore may occur despite attentive care. Certain medical conditions, such as advanced cancer or severe vascular disease, can make even minor pressure or friction dangerous.
Even then, facilities must act immediately once a sore is detected. They should create and document a wound-care plan, consult with specialists, and take all reasonable steps to prevent worsening. If the sore progresses from Stage 1 to Stage 3 or 4, that progression typically signals a failure in care, even if a resident was at high risk for bedsores.
Legal Accountability for Neglect
When a nursing home resident suffers a preventable bedsore, the law allows families to pursue compensation through a negligence or elder-abuse claim. These cases aim to hold the facility accountable and secure resources for the resident’s recovery and long-term care.
Damages in a bedsore or nursing home neglect case can include:
- Pain and suffering for the physical and emotional distress caused by the injury.
- Past and future medical expenses, including wound treatment, surgeries, or hospitalizations.
- Additional costs, such as relocation to a safer facility, specialized equipment, or home health care.
How We Prove Neglect or Abuse
Bedsores can develop in many contexts, but establishing legal fault requires careful analysis. Nursing homes and long-term care facilities often dismiss bedsores as “minor” or claim that a resident’s underlying health conditions led to pressure ulcers. At The Law Office of Mark A. Siesel, we build each case methodically to prove liability and to secure the compensation you and your family may be entitled to. Our approach includes:
- Reviewing medical charts and wound-care records. We look for missing repositioning schedules or inconsistencies that suggest falsified documentation.
- Interviewing staff and witnesses. Turnover and understaffing often reveal broader systemic issues.
- Consulting medical experts. We work with wound-care and geriatric specialists to explain how and when the sore developed.
- Examining facility policies. Many nursing homes have pressure-injury prevention plans on paper that are never properly implemented.
- Assessing regulatory compliance. A history of citations or violations can strengthen a negligence claim.
By combining medical evidence with legal analysis, we can demonstrate whether a facility failed to meet the standard of care that residents are entitled to receive.
What Families Should Do if They Suspect Neglect
If your loved one has developed a bedsore, take these steps immediately:
- Document everything. Take dated photos of the wound, bedding, and room conditions.
- Request the medical chart. You have the right to see the resident’s care records, but don’t be surprised if the facility tries to deny or delay your request. A personal injury attorney can help you get the documentation you need.
- Ask direct questions. Who discovered the sore? When? What treatments were provided?
- Contact the attending physician. Make sure they are aware of the injury and its current stage and ensure treatment is being offered.
- Report concerns to the New York State Department of Health if necessary.
- Contact an experienced personal injury attorney. At our firm, we provide a free consultation so you understand what you can do next.
The sooner you act, the stronger your case will be. If you’re not sure what to do next, contact The Law Office of Mark A. Siesel for a free consultation. There is no risk and no obligation. Your consultation is just your chance to learn more about your rights and options, so you can plan what you can do next.
How The Law Office of Mark A. Siesel Helps
Our firm has almost 40 years of experience representing injury victims and their families in New York. What sets us apart is the way we treat people. We listen, explain your options in plain English, and always return your calls and emails promptly. Many clients stay in touch after their cases are resolved because they know we genuinely care about their well-being.
A single bedsore may or may not mean a nursing home has been neglectful, but advanced or untreated pressure ulcers almost always reflect a breakdown in care. Families should never ignore bedsores and should never assume they don’t have a claim.
If your loved one has suffered from bedsores or other signs of neglect in a nursing home, you deserve clear answers and accountability. Contact The Law Office of Mark A. Siesel for a free consultation to find out whether you have a path forward for compensation.