New York Bedsore Lawyer

When a loved one is admitted to a nursing home, hospital, or assisted living facility, families expect high-quality, attentive care. Unfortunately, this expectation is not always met. One of the most serious and visible signs of neglect in healthcare settings is the development of bedsores, also known as pressure ulcers. These painful wounds are often preventable with proper monitoring, hygiene, and repositioning. When bedsores occur, they can indicate systemic failures in staffing, training, or supervision.

According to the Centers for Disease Control and Prevention (CDC), approximately 11% of nursing home residents nationwide suffer from pressure ulcers. In New York, a 2019 report from the Long Term Care Community Coalition revealed that more than 8% of residents had unhealed bedsores, making it one of the states with the highest rates of this dangerous condition.

Federal regulations, including 42 C.F.R. § 483.25, require facilities receiving Medicare or Medicaid to take preventive steps to avoid pressure sores. In addition, New York Public Health Law § 2801-d gives residents the right to seek compensation if their legal rights to proper care are violated.

If you or a loved one developed pressure ulcers while in a healthcare facility, a knowledgeable New York bedsore lawyer can help determine whether negligence occurred and explain your legal rights to compensation under state and federal law.

What Are Bedsores?

Bedsores, also referred to as pressure ulcers or decubitus ulcers, are injuries to the skin and underlying tissue caused by prolonged pressure on a specific area of the body. These sores typically develop over bony prominences such as the tailbone (sacrum), heels, hips, elbows, and shoulders. Individuals with limited mobility—such as bedridden patients or wheelchair users—are particularly susceptible.

Bedsores develop in stages:

• Stage I: The skin remains intact but appears red and may feel warm or firm to the touch. The area may be painful and is a warning sign that tissue damage has begun.
• Stage II: The skin breaks open, forming a shallow ulcer or blister. This stage involves partial-thickness skin loss and increases the risk of infection if not treated promptly.
• Stage III: The sore deepens into the underlying tissue, often exposing fat beneath the skin. At this point, the wound may have a crater-like appearance and is more difficult to heal.
• Stage IV: There is full-thickness tissue loss with exposure of muscle, bone, or tendons. These wounds are extremely serious and can lead to life-threatening complications like sepsis or osteomyelitis.

If untreated, bedsores can lead to life-threatening complications such as infections, sepsis, and even death. Early detection and intervention are key to preventing progression.

What Are the Common Causes of Bedsores in Nursing Home Facilities?

Pressure ulcers often develop due to improper or insufficient care. Common contributing factors include:

• Advanced Age: Older adults often have thinner and more fragile skin, making them more prone to injury.
• Prolonged Immobility: When patients are not repositioned at regular intervals, constant pressure on certain areas of the body can reduce or cut off blood circulation. This lack of blood flow deprives tissues of oxygen and nutrients, leading to tissue breakdown and the formation of bedsores. Patients who are bedridden, paralyzed, or heavily sedated are especially at risk. Regular turning schedules are critical to prevention.
• Malnutrition and Dehydration: A diet lacking in essential nutrients like protein, vitamins C and E, and zinc can impair the body’s ability to maintain healthy skin and heal wounds. Dehydration also reduces skin elasticity and resilience. Facilities have a duty to monitor patients’ food and fluid intake to avoid this risk. Malnourished individuals are more likely to develop bedsores and experience delayed healing.
• Poor Hygiene: When a patient is left in soiled clothing or bedding, especially if they are incontinent, the skin becomes more vulnerable to moisture-associated skin damage. Prolonged exposure to urine or feces can irritate and break down the skin. Proper hygiene, including prompt cleaning and use of moisture barriers, is essential for bedsore prevention.
• Friction and Shear: Friction occurs when a patient’s skin rubs against bedding or clothing, while shear happens when the skin moves in one direction and the underlying tissue moves in another—such as when a patient slides down in bed. Both can weaken or tear the skin, making it easier for pressure ulcers to develop. Proper lifting techniques and supportive equipment can reduce this risk.
• Incontinence (Urinary and Fecal): Prolonged exposure to moisture from urine or feces can irritate and break down the skin, increasing the risk of infection.
• Inadequate Staffing or Training: Facilities that are understaffed or employ caregivers without proper training often fail to follow standard bedsore prevention protocols. This includes neglecting to turn patients, monitor skin condition, or recognize early signs of ulcer development. High staff turnover and lack of supervision further contribute to inconsistent care. These systemic failures are a leading cause of preventable pressure ulcers in care settings.

Are Bedsores a Sign of Neglect?

In many cases, yes. The development of bedsores is often a direct result of negligence and a failure to provide the necessary standard of care. Some common examples of nursing home negligence that can lead to pressure ulcers include:

• Failure to Perform Regular Skin Assessments: Nursing home staff have a responsibility to regularly assess residents’ skin to identify early signs of pressure or breakdown. Failure to do so can delay intervention and allow bedsores to develop or worsen.
• Failure to Implement and Follow a Repositioning Schedule: Bedridden or chair-bound residents must be repositioned frequently (typically every two hours in bed and every hour in a chair) to relieve pressure on vulnerable areas. Failure to adhere to a proper repositioning schedule is a significant act of negligence.
• Failure to Provide Adequate Support Surfaces: Residents at risk of developing bedsores should be provided with appropriate support surfaces, such as specialized mattresses and cushions, to help redistribute pressure.
• Failure to Manage Incontinence Properly: Incontinence can lead to prolonged moisture exposure, which weakens the skin. Nursing home staff must promptly and properly clean and dry residents who are incontinent.
• Failure to Ensure Proper Nutrition and Hydration: Adequate nutrition and hydration are essential for maintaining skin health and promoting healing. Neglecting a resident’s nutritional needs can increase their susceptibility to bedsores.
• Failure to Educate Staff on Pressure Ulcer Prevention and Management: Nursing home staff must be properly trained on how to prevent, identify, and manage pressure ulcers. Lack of adequate training can lead to errors in care.
• Understaffing: When a nursing home is understaffed, caregivers may not have enough time to provide the necessary level of care, including proper repositioning and skin care.
• Failure to Respond to Early Signs of Skin Breakdown: If early signs of pressure ulcers are identified, staff must take immediate steps to address the issue and prevent it from progressing. Ignoring these signs constitutes negligence.
• Failure to Follow Physician’s Orders for Wound Care: Once a bedsore has developed, it requires proper medical treatment. Failure to follow a physician’s orders for wound care can lead to complications and further harm.
• Lack of Communication Between Staff Members: Effective communication between nursing home staff is crucial for ensuring consistent and appropriate care. Failure to communicate changes in a resident’s condition or care plan can lead to neglect.

When facilities fail to take these basic measures, the development of pressure ulcers may constitute neglect. In some cases, such failures rise to the level of medical malpractice.

What Are the Signs Families Should Watch For?

Families can play a key role in early detection. Warning signs include:

• Redness or discoloration over bony areas
• Skin that is warm or cool to the touch
• Unexplained bruises or wounds
• Complaints of pain in certain areas
• A reluctance by staff to allow skin inspections

If you notice any of these signs, document them and report your concerns immediately. If the facility is unresponsive, consult a New York bedsore lawyer to evaluate your legal options.

Legal Grounds for a Bedsore Lawsuit in New York

A person who develops bedsores due to negligent care may be able to file a claim based on one or more legal theories:

• Negligence. In a bedsore lawsuit based on negligence, the plaintiff must prove four elements: (1) the facility or caregiver owed a legal duty of care to the patient; (2) that duty was breached—such as by failing to reposition the patient regularly, monitor skin integrity, or maintain proper hygiene; (3) the breach directly caused the development or worsening of a bedsore; and (4) the resulting injury led to measurable damages, including medical expenses, pain and suffering, or loss of quality of life.
• Medical Malpractice. If the bedsore resulted from substandard conduct by a licensed medical professional, such as a nurse, physician, or hospital staff member, the claim may fall under medical malpractice. These claims require expert testimony showing both a departure from accepted medical standards and an injury resulting from that departure. For example, failure to assess a patient’s risk for skin breakdown using tools like the Braden Scale, or failure to implement appropriate preventive measures such as repositioning and the use of pressure-relieving devices, may constitute malpractice.

In McCaffery v. White Plains Hospital Medical Center, 2024 NY Slip Op 51379(U), the plaintiff alleged that the hospital failed to prevent pressure ulcers during her admission. The court ultimately granted summary judgment to the hospital, finding that its staff had conducted appropriate risk assessments and implemented preventive care. The plaintiff’s expert, a nurse, was deemed unqualified to challenge the hospital’s medical decisions, and the evidence was insufficient to prove a departure from accepted medical standards. This case illustrates the importance of presenting credible expert medical testimony and detailed records when alleging malpractice in bedsore cases.

On the other hand, in Hammond v. NYU Langone Hospital–Brooklyn, 2024 NY Slip Op 31721(U), the estate of Johnnie Hammond alleged that NYU Langone failed to prevent and properly treat multiple pressure ulcers developed during a lengthy hospital stay in 2015. The decedent, who was bedbound and ventilator-dependent, developed a Stage IV sacral ulcer, among others. NYU Langone moved for summary judgment, submitting expert nursing testimony that standard care protocols—including the SKINSAVERS bundle—were followed. However, the court found that the hospital did not conclusively prove adherence to accepted medical and nursing standards. Plaintiff’s expert, a physician with wound care experience, identified inconsistencies in documentation and lapses in ulcer prevention measures.

• Public Health Law § 2801-d. This statute provides a cause of action independent of traditional negligence. It allows nursing home residents (or their estates) to recover damages for any deprivation of a right or benefit conferred by contract, statute, regulation, or care plan. In Rosenblatt v. Center for Nursing & Rehabilitation (2021 NY Slip Op 50166[U]), the court held a facility liable under PHL § 2801-d for failing to prevent and treat a stage IV bedsore in a resident with dementia. The court found the facility could not show it took “all necessary care” to prevent the injury.
• Wrongful Death. If a patient dies as a result of bedsore-related complications, surviving family members may file a wrongful death claim. For example, in Cianflone v. Carmel Richmond Nursing Home, Inc., 2024 NY Slip Op 51144(U), the plaintiff alleged that negligent care led to the deterioration of a pre-existing sacral ulcer, additional wounds, and ultimately the decedent’s death. The nursing home sought dismissal based on immunity under the EDTPA and the federal PREP Act. However, the court denied the motion, holding that the defendants failed to show how the pandemic impaired their ability to deliver basic care. The wrongful death and negligence claims were allowed to proceed.

Who Can Be Held Liable For Bedsore Injuries?

Determining liability in a bedsore injury case is often complex, as multiple individuals and entities may have contributed to the patient’s harm. Legal responsibility can extend beyond just the facility itself and may include healthcare professionals, support staff, and even third-party contractors.

• Nursing Homes or Hospitals: The facility itself can be held liable when it fails to implement and enforce policies that are designed to prevent pressure ulcers. This includes protocols for turning patients, ensuring proper nutrition, maintaining hygiene, and monitoring high-risk residents. If management ignores or inadequately monitors these care plans, the facility may be directly responsible for resulting injuries. Liability can also arise when a pattern of neglect is documented across multiple residents.
• Administrators: Facility administrators have a legal and ethical duty to ensure sufficient staffing levels and proper resource allocation. When administrators cut corners to save money—such as by hiring fewer staff than needed or skimping on staff training—it can directly contribute to neglect. Understaffed facilities often cannot meet basic care requirements, like turning patients every two hours or responding promptly to hygiene needs, which increases the risk of bedsores. Failure to address these structural issues can make administrators personally liable or serve as the basis for institutional liability.
• Licensed Medical Providers: Doctors, nurse practitioners, and registered nurses may be named in lawsuits when they fail to recognize early signs of bedsores, misdiagnose the condition, or delay treatment. If a medical provider departs from accepted medical standards—such as not ordering a pressure-relieving mattress for an at-risk patient—that conduct may amount to medical malpractice. Their documentation, decision-making, and response times are often scrutinized in court to determine whether they acted competently under the circumstances.
• Aides or Orderlies: These staff members are often responsible for the day-to-day physical care of residents, including repositioning, bathing, and monitoring skin integrity. When aides fail to turn a patient regularly, ignore early signs of redness, or leave a resident in soiled clothing for extended periods, they contribute directly to the development of bedsores. Even if unintentional, such failures can still form the basis for negligence claims, especially if they violate the facility’s care protocols.

A qualified New York bedsore lawyer will thoroughly investigate all potential sources of liability to ensure that every responsible party is held accountable for the harm caused to you or your loved one.

How does a Bedsore Lawsuit Work in New York?

Though each case is unique, most follow a similar process:

1. Consultation and Case Review. An experienced New York bedsore lawyer will assess medical records and facility documentation to determine if a viable claim exists.
2. Investigation and Expert Review. Your legal team gathers records, interviews witnesses, and works with medical experts to determine whether care deviated from accepted standards.
3. Filing the Lawsuit. A complaint is filed in the appropriate court, and the defendants are served.
4. Discovery Phase. Both sides exchange evidence, depose witnesses, and obtain expert reports.
5. Pre-Trial Motions. The court may address legal issues such as admissibility of evidence or dismissing claims.
6. Settlement Discussions. Many bedsore lawsuits resolve through settlement if liability is clear.
7. Trial. If no settlement is reached, the case proceeds to trial, where a jury or judge decides liability and damages.
8. Appeal. A losing party may appeal the verdict. Appellate courts may affirm, reverse, or modify the outcome.

What Is the Statute of Limitations for Bedsore Claims?

Timelines for filing a claim vary depending on the theory:

Claim Type	Time Limit	Legal Reference
Medical Malpractice	2.5 years	CPLR § 214-a
Negligence	3 years	CPLR § 214(5)
Wrongful Death	2 years from death	EPTL § 5-4.1
Public Facilities	90-day Notice; 1 yr 90 days to sue	GML §§ 50-e, 50-i

Tolling Exceptions:

• Infancy or Mental Incompetence: CPLR § 208
• Fraudulent Concealment: Courts may extend deadlines where misconduct hid the injury

Because these rules are complex, consulting an experienced bedsore attorney serving New York as soon as possible is critical.

What Compensation Is Available in Bedsore Lawsuits?

Victims of bedsore injuries caused by negligence or medical malpractice may be entitled to financial compensation. The type and amount of damages awarded will depend on the severity of the injury, the extent of suffering, the long-term effects, and the applicable legal theories involved. Compensation is intended not only to cover financial losses but also to address the physical and emotional impact of the injury. Courts may award the following types of damages in a New York bedsore lawsuit:

• Medical Expenses: This includes the cost of treating the pressure ulcer itself and any complications that result from it, such as infections, surgeries, hospital stays, wound care, antibiotics, and rehabilitative services. Invoices, insurance statements, and expert testimony are used to support this claim.
• Pain and Suffering: Victims of bedsores often endure prolonged and severe physical pain, emotional distress, and psychological trauma. Courts may award non-economic damages for this suffering, especially when the ulcer results in deep tissue damage, exposure of bone, or chronic infections.
• Loss of Enjoyment of Life: Serious bedsores can limit mobility and independence, affecting a person’s ability to participate in everyday activities, socialize, or care for themselves. This category of damages compensates for the diminished quality of life resulting from the injury.
• Wrongful Death Damages: If a bedsore leads to fatal complications, such as sepsis, the victim’s estate may pursue a wrongful death claim. Recoverable damages can include funeral and burial expenses, loss of financial support, and loss of companionship for surviving family members. These claims are governed by EPTL § 5-4.1.
• Future Medical Needs: In cases involving permanent disability or slow-healing wounds, the injured person may need ongoing care, including home health aides, special equipment, or repeat surgeries. An experienced bedsore lawyer can work with medical experts to project future costs and include them in the damages demand.
• Punitive Damages: Though rare, punitive damages may be awarded when the defendant’s conduct was especially egregious—such as when a facility ignored repeated warnings, altered medical records, or willfully neglected residents. These damages are designed to punish the wrongdoer and deter similar misconduct in the future.

In O’Connor v. Kingston Hospital (App. Div. 3d Dept, 2018), a 77-year-old patient developed multiple stage II–IV pressure ulcers during a brief hospital stay. His estate filed suit, alleging that staff failed to follow repositioning protocols and did not provide a pressure-relieving mattress. The jury awarded $500,000 in pain and suffering damages for the physical and emotional toll he endured in the final weeks of his life. The appellate court upheld the award, finding it reasonable given the extent and severity of his injuries.

Similarly, in Blutner v. The Mount Sinai Hospital, 2017 WL 1682813 (Sup Ct, Queens County 2017), the plaintiff was awarded $500,000 in a medical malpractice case involving a Stage 4 pressure ulcer. The court found that the hospital departed from accepted medical standards, resulting in significant harm. This case underscores the substantial damages that may be awarded when preventable pressure ulcers cause serious injury.

A qualified New York bedsore lawyer will work to build a strong case, gathering medical records, consulting experts, and preparing detailed evidence to pursue the full compensation available under the law.

Frequently Asked Questions (FAQs)

Contact Stephen Bilkis & Associates

If you or a loved one developed pressure ulcers while in a healthcare facility, our experienced bedsore attorneys serving New York can help. With over 20 years of experience in personal injury and elder abuse litigation, Stephen Bilkis & Associates is committed to holding negligent facilities accountable. Call 800.696.9529 or contact us online to schedule a free consultation. We are ready to help you hold negligent facilities accountable and pursue the compensation you deserve. We serve Bronx, Brooklyn, Queens, Manhattan, Staten Island, Nassau County, Suffolk County, Westchester County, and surrounding areas.