Article Updated: January 25, 2023
If you or a family member suffered a bedsore in a nursing home, hospital, or other medical facility, you may be entitled to compensation.
Victims and their family usually reach out to us after being ambushed by a medical facility notifying you that your loved one has a bedsore.
♦ Why didn’t they tell you sooner?
♦ How did they let the bedsore get so bad?
♦ Why didn’t they notify you until it was stage III or IV?
An experienced bedsore attorney knows the answer to those questions, how to prove the nursing home or hospital is lying, and how to use that evidence to force their accountability and payment of their financial obligation for your pain, suffering, and possible death of your family member.
Keep reading to get answers from a real bedsore attorney and learn how we can help you get justice.
Clickable Table of Contents
Bedsore Attorney 411
Call (800) 484-0779 for FREE Consultation with a
Bedsore Attorney Questionnaire
To determine whether a bedsore attorney can help you with your claim, we’ll first outline the basic questions that every lawyer would/should ask if you called about a bedsore claim. These are questions to which the answer must be yes before a bedsore attorney can help you:
♦ Are you a parent, child, spouse, sibling, power of attorney, guardian, or administrator for the estate, of the person with a bedsore, or the victim her/himself?
♦ Is the bedsore a stage III or stage IV bedsore?
♦ Is the bedsore larger than the circumference of a golf ball?
The point of these questions is this. First, you have to have legal standing to investigate the claim. Second, the injuries must be bad enough to justify spending several years fighting for a recovery.
The easiest way to answer the second and third bullet-point questions from the list above are photos. A bedsore attorney can decipher a great deal of information from those photos, such as whether the bedsore has had surgery done to it, what the stage is, and how likely it is that the bedsore is infected.
Our Lawyers’ Recent Results
$1,700,000 – Wrongful Death Recovery
$1,500,000 – Spine Injury Recovery
$1,200,000 – Wrongful Death Recovery
$1,100,000 – Spine Injury Recovery
$1,000,000 – Wrongful Death Recovery
$1,000,000 – Spine Injury Recovery
$1,000,000 – Head Injury Recovery
$900,000 – Spine Injury Recovery
$800,000 – Spine Injury Recovery
$700,000 – Wrongful Death Recovery
$600,000 – Back Injury Recovery
$550,000 – Back Injury Recovery
$170,000 – Fall Injury Recovery
$150,000 – Fall Injury Recovery
Bedsore Attorney Merit Review
Once a bedsore attorney confirms you have the legal ability to bring a claim on behalf of the bedsore victim, the next step is conducting a preliminary merit review.
A preliminary merit review is where the bedsore attorney digs into their bank of knowledge to analyze whether your bedsore claim has some inherent defect that will make it more likely than not a claim that will not succeed.
One example would be a factual scenario where the bedsore is on the victim’s feet and the victim has a medical condition known as PVD. Most bedsore attorneys will agree that claim is not viable, or is so unlikely to be viable that they cannot risk pursuing it.
It’s not possible, however, to take most stand alone facts and make decisions based on those facts. For example, what if the nursing home’s records say the victim has PVD, but it only says that after the bedsore developed, and no other hospital or doctor ever noted the victim as having PVD – is that a viable case? That pattern suggests the nursing home is trying to cover up their negligence by fabricating a PVD diagnosis.
The point is, a bedsore attorney must have a full intake and see the whole puzzle to fairly analyze whether a fact-patter passes the preliminary merit review process. As we learn more facts, we know how the tree could branch out from that particular fact and know what issues become critical based on that development. The preliminary merit review process, if resulting in a positive finding, leads to the next step a bedsore attorney will complete for you – an expert merit review.
Bedsore Expert Merit Review
Once a bedsore attorney collects all the necessary, preliminary medical records, analyzes them, and finds your case has preliminary merit, they will move your case to the phase of conducting a merit review by a bedsore expert.
Bedsore experts are generally physicians or nurses, may have some level of wound certification, or if it’s a nursing home case will be intimately familiar with state or federal nursing home regulations.
We like to use supervisory nursing personnel for a bedsore expert merit review because those persons can discuss wound issues, nursing issues, but also managerial issues that explain why the hospital or nursing home allowed this to happen. The other benefit of using a nurse for the expert review is this helps keep your case costs low (we front 100% of the payment for all your case costs, but they are reimbursed to us from any recovery, and for that reason we do our best to keep your case costs low which in turn maximizes your recovery).
The bedsore expert review will not result in a black or white answer. It is always some shade of gray. Meaning, it will be an analytical evaluation of case strength, not a “yes they were negligent” or “no this is not a case.” The expert review helps a bedsore attorney get in the weeds and determine whether it makes more sense to do a pre-lawsuit settlement, file the lawsuit with hopes of settlement, or march confidently into the courtroom for trial.
Bedsore Attorney Costs
If any bedsore attorney tells you anything other than what you are about to read here, RUN, and run fast – if we do not get money from the negligent party, you owe us $0. Even if we spend $10,000 on investigating your case; if we get no recovery, you owe $0 fee.
We also do not require any retainer, any credit check, and do not care if there is $0 in your bank account. We will take 100% of the risk and front 100% of the costs to investigate your case for you.
The only time a bedsore attorney should ever get paid, in our opinion, is if we recover money for the victim. Then, and only then, we get a percentage of the recovery. That is called a “contingency fee.”
What that percentage is will depend on what state you are in, because each state has a statutory or rule based attorney fee recoverable in medical malpractice cases.
If you need a bedsore attorney to help investigate a bedsore claim for you, you are invited to call our office for more information about the potential contingency fee for your case, and whether we could help you get a recovery for your claim. We are available 24/7 via email (email@example.com), phone (800) 484-0779, or you can submit a contact form with your question.
Bedsore Claim Issues
The difficulty with many bedsore claims is that the hospital or nursing home will lie and say they did their job, and you must often prove a negative. How can you overcome that hurdle?
A good bedsore attorney knows where to find the cookie crumbs in the medical records to convert the issue into one of unreliable medical documentation. Once the negligent facility’s medical documentation is shown to be unreliable, we are not proving a negative. Instead, the nursing home or hospital has to prove why their inconsistent and potentially fraudulent records are credible.
There is no playbook for this approach. It’s something that a good bedsore attorney can accomplish for you. If this is not executed well, the facility will win at creating doubt and confusion, leaving a jury guessing at why the bedsore developed.
The truth is, more than 95% of the time the bedsore developed because the facility didn’t do its job. Knowing how to expose that truth is how an experienced bedsore attorney will help you keep the facility accountable for what they did.
To make the medical facility who sent you searching the internet for answers accept responsibility for what they did, please call, email, or message our experienced team of lawyers. We know bedsores, have access to the right experts, the right network of national lawyers to work on your case with us, and fight tooth and nail for our clients.
Speak with a Bedsore Attorney Today
Author & Managing Partner
This law article was written by attorney Ray Benyamin, Esquire. Mr. Benyamin received his Juris Doctor degree from the Thomas Jefferson School of Law, and his license to practice law from the State Bar of California. His law license number is 277263. He has been practicing law for over 10 years. Mr. Benyamin is a registered member of the following legal organizations: Consumer Attorneys Association of Los Angeles (CAALA), the Los Angeles County Bar Association (LACBA), the State Bar of California, the American Bar Association (ABA), and the American Association for Justice (AAJ). Mr. Benyamin has personally helped his clients recover over $20,000,000 in personal injury claims.
Call (800) 484-0779 for FREE Consultation with a
Bedsore Attorney With National Reach
Serving nationwide in all 50 states on a case-by-case basis with a national network of relationships and on a Pro Hac Vice basis. This includes cases we’ve reviewed or worked on in Arizona, California, District of Columbia, Florida, Georgia, Illinois, Massachusetts, Maryland, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Pennsylvania, Virginia, and Washington.
Serving all of California, with a focus on Kern County, Los Angeles County, Orange County, Riverside County, San Bernardino County, San Diego County, Santa Barbara County, and Ventura County.
Serving all of Los Angeles, including Arcadia, Beverly Hills, Claremont, Canoga Park, Chino, Chino Hills, Covina, Diamond Bar, Downey, East Pasadena, El Monte, Encino, Highland Park, Inglewood, La Verne, Long Beach, Malibu, Montebello, Monterey Park, North Hollywood, Northridge, Pasadena, Pomona, Rancho Cucamonga, Reseda, Rosemead, San Gabriel, San Dimas, Santa Monica, Sherman Oaks, South Bay, South LA, South Pasadena, Sunland, Tarzana, Thousand Oaks, Torrance, Van Nuys, Venice, West Covina, West Hollywood, and Westlake Village.