When you place your elderly loved one in a nursing home or assisted living facility, you expect them to receive a certain standard of care. You expect your loved one to be safe, well cared for, and treated with dignity and respect. Unfortunately, pressure ulcers (also known as bedsores) remain a prevalent sign of neglect in nursing homes and assisted living facilities. But when do bedsores become more than just a medical issue? When do they become a sign of negligence?

You may be wondering if the bedsores your elderly parent or relative has developed in a nursing home are a natural part of the aging process, or if it’s something much more serious. Below, our West Virginia nursing home abuse lawyer explains how and why bedsores occur, when they become a sign of neglect, and how an attorney can help you protect your loved one’s rights.

What Are Bedsores?

Bedsores (also known as pressure ulcers) are wounds to the skin and underlying tissue caused by prolonged pressure on the skin. They most commonly occur on bony parts of the body, like the tailbone, heels, hips, and elbows. Bedsores can be categorized into stages:

• Stage 1: Red, unbroken skin that may be painful
• Stage 2: Partial-thickness skin loss, often with a blister or shallow open sore
• Stage 3: Full-thickness skin loss that may expose fat tissue
• Stage 4: Deep wounds that expose muscle, tendon, or bone

When discovered early, bedsores can be effectively treated. However, when left untreated, they can lead to severe infections, such as cellulitis, osteomyelitis, and sepsis.

Are Bedsores Always a Sign of Neglect?

No. Some residents are more susceptible to pressure ulcers, even with appropriate care. For example, residents with underlying conditions like diabetes, poor circulation, or immobility are more prone to bedsores, even with proper care.

However, pressure ulcers are largely preventable. That’s why bedsores are considered a “never event” by the Centers for Medicare and Medicaid Services (CMS). So, when do they become a sign of legal negligence?

When Bedsores Cross the Line into Legal Liability

Nursing homes and assisted living facilities have a duty to provide a certain standard of care. This includes:

• Regularly repositioning immobile residents (typically every two hours)
• Daily skin assessments
• Proper hydration and nutrition
• Using specialized mattresses or cushions
• Maintaining personal hygiene and cleanliness

When these basic standards are not met, and a resident develops pressure ulcers as a result, the facility may be legally liable. Here’s how to determine if the situation meets the threshold for negligence:

Failure to Prevent

Facilities are expected to create care plans tailored to each resident’s individual risk factors. If your loved one had known mobility issues and no steps were taken to prevent pressure ulcers, that’s a red flag.

Delayed or Inadequate Treatment

Once bedsores are discovered, immediate medical attention is necessary. If the nursing home staff fails to identify and treat the ulcers appropriately, it may constitute negligence.

Short-Staffing or Inadequate Training

One of the most common causes of nursing home neglect is chronic understaffing. If a facility does not have enough trained staff to meet residents’ needs, it may be held liable for resulting injuries like bedsores.

Lack of Documentation

Federal regulations require facilities to document changes in a resident’s condition, including skin breakdown. The absence of such documentation may be a sign of failure to care and a cover-up.

The Emotional and Physical Toll on Families

Discovering that your loved one has developed serious bedsores can be incredibly devastating. Bedsores are not only painful but can also result in extended hospital stays, increased vulnerability to infections, and even death in the most tragic cases.

Additionally, bedsores can be a sign that your loved one is being ignored, isolated, or treated as an afterthought—something no one deserves in their final years.

How a Nursing Home Neglect Attorney Can Help

If you suspect your loved one’s bed sores were caused by neglect, the next step is to contact an experienced nursing home neglect or abuse attorney. Here’s how legal representation can help:

#1: Investigation and Evidence Gathering

A nursing home attorney can conduct an investigation, obtaining medical records, staff logs, photographs, and witness statements. They may also collaborate with medical experts to determine if the bedsores were preventable.

#2: Navigating Complex Regulations

Nursing homes are regulated by state and federal law. An attorney is familiar with these laws and knows how to apply them to hold facilities accountable for violations.

#3: Filing a Claim or Lawsuit

If neglect is established, your attorney can help file a personal injury or wrongful death lawsuit on behalf of your loved one. Compensation may include:

• Medical treatment
• Pain and suffering
• Emotional distress
• Relocation to a safer facility
• Punitive damages (in the most egregious cases)

#4: Preventing Future Abuse

Legal action can not only help hold a negligent facility accountable but also help bring about positive change and prevent similar harm from happening to other residents.

What to Do If You Suspect Neglect

If you suspect your loved one is being neglected, consider the following:

• Document everything. Take pictures of the wounds, document changes in behavior, and keep a log of your concerns.
• Report the issue. File a complaint with the facility’s administration and, if necessary, contact Adult Protective Services.
• Seek medical care immediately. Ensure your loved one receives proper treatment to prevent further harm.
• Contact a nursing home neglect attorney. Don’t wait to get legal advice, especially if the condition is worsening.

Know Your Loved One’s Rights 

Every nursing home resident has the right to be treated with dignity and receive proper medical care. Bedsores should never be dismissed as “normal” or “unavoidable.” When a facility fails in its basic duty to prevent or treat these injuries, it may be held accountable through legal action.

Whether you’re a spouse, child, or guardian, you have the right—and the responsibility—to speak up for someone who can’t advocate for themselves. Legal help can empower you to take meaningful action to seek justice and prevent future harm.

Talk to a Nursing Home Neglect Lawyer in West Virginia Today

If your loved one has suffered from bedsores in a nursing home or assisted living facility, you don’t have to navigate this painful process alone. An experienced attorney can help you understand your rights, hold the negligent facility accountable, and get the justice your family deserves.

Contact our firm today to schedule a complimentary, confidential consultation. Let us help protect your loved one—and make sure no one else suffers in silence.