LEGALLY REVIEWED BY
Michael Hersh and Ian Kirtman, Trial Attorneys
October 12, 2023
Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.
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Bed sores, also known as pressure ulcers, can be excruciatingly painful and debilitating for patients. These sores develop due to prolonged pressure on certain areas of the body, typically in individuals who are immobile or have limited mobility. When bed sores occur during a hospital stay, questions arise regarding medical malpractice. Are healthcare professionals responsible for preventing and treating bed sores?
Hersh Kirtman Injury Law specializes in medical malpractice cases and is dedicated to fighting for the rights of those who have suffered harm due to negligence. With years of experience and a proven track record of success, our team of skilled attorneys understands the complexities of medical malpractice laws in Florida. We will work tirelessly to retrieve the compensation you deserve.
Developing Bed Sores During a Hospital Stay: Is It Medical Malpractice?
When patients are admitted to a hospital, they trust the healthcare professionals to provide competent care. Unfortunately, there are instances when patients develop bed sores during their hospital stay. These painful and potentially dangerous sores can lead to complications and extended recovery times. In Florida, the question arises: is the development of bed sores during a hospital stay considered medical malpractice?
The Florida Medical Malpractice Act
Florida has specific laws in place to address medical malpractice claims. The Florida Medical Malpractice Act establishes certain requirements and procedures for filing a medical malpractice lawsuit. It is essential for individuals who believe they have suffered harm due to medical negligence to consult with an experienced medical malpractice attorney who can assess the situation, gather evidence, and guide them through the legal process.
Statute of Limitations
In Florida, the statute of limitations for filing a medical malpractice claim is generally two years from the date the injury occurred or should have been discovered. However, there are exceptions to this rule, such as cases involving fraud, concealment, or minors. It is crucial to consult with an experienced medical malpractice attorney to ensure compliance with the statute of limitations.
Burden of Proof
To succeed in a medical malpractice claim related to bed sores, the plaintiff must prove four essential elements:
- Duty: The healthcare professional had a duty to provide a reasonable standard of care to the patient.
- Breach: The healthcare professional breached that duty by failing to provide the expected standard of care.
- Causation: The breach of duty directly caused or contributed to the development of bed sores.
- Damages: The patient suffered harm or damages from the bed sores, such as pain, suffering, medical expenses, or loss of income.
While bed sores during a hospital stay can be painful and distressing for patients, determining whether it constitutes medical malpractice in Florida requires a careful examination of the circumstances.
Expert Testimony
In Florida, medical malpractice claims require expert testimony to establish the standard of care and demonstrate how the defendant’s healthcare professional deviated from that standard. The expert witness should have relevant experience and qualifications in the field of healthcare involved in the case.
Prevention and Hospital Responsibility
Hospitals have a duty to implement appropriate protocols and provide adequate care to prevent the development of bed sores. This includes regular repositioning of immobile patients, using specialized mattresses or padding, and conducting thorough assessments of patients’ skin conditions.
Whether a bed sore resulted from medical malpractice requires expert analysis of the medical records and the course of care and treatment. Bed sores may be the result of medical negligence when nurses and other providers do not follow hospital protocols or when they do not take appropriate care of the patient. Your attorney will work with a qualified expert to determine whether medical negligence occurred.
Filling a Medical Malpractice Claim? Contact Hersh Kirtman Injury Law
The development of bed sores during a hospital stay can be a distressing experience for patients and their families. Understanding the legal implications and seeking justice through a medical malpractice claim is crucial in such cases. Bed sores are often preventable, and healthcare professionals have a duty to provide proper care to avoid their occurrence.
Hersh Kirtman Injury Law is a trusted and reputable law firm specializing in medical malpractice cases, including those related to bed sores. Our team of skilled attorneys is committed to fighting for justice on behalf of our clients and has a successful track record of securing fair compensation for those who have suffered due to negligence. By contacting Hersh Kirtman Injury Law, you can benefit from our expertise, personalized attention, and unwavering dedication to your case. Schedule a consultation today by calling (561) 208-3700 or completing our contact form.
