Can You Sue a Nursing Home for a Loved One’s Bedsores in Kentucky?
Bedsores — also known as pressure ulcers or decubitus ulcers — are one of the most common indicators of nursing home neglect. These painful, sometimes life-threatening wounds develop when a resident is left in the same position for too long without being repositioned. If your loved one developed serious bedsores in a Kentucky nursing home, you may have grounds for a negligence or abuse claim.
What Are Bedsores and Why Do They Matter?
Bedsores develop when sustained pressure on the skin reduces blood flow to the tissue, causing it to break down. They are classified by severity in four stages. Stage I involves reddened, unbroken skin. Stage II involves a shallow open wound or blister. Stage III extends into deeper tissue below the skin. Stage IV involves extensive destruction reaching muscle, bone, or supporting structures. Advanced bedsores can lead to serious infections, sepsis, and even death.
The critical point is that bedsores are largely preventable with proper care. Standard nursing practice requires regular repositioning of immobile residents (typically every two hours), adequate nutrition and hydration, proper skin inspection and hygiene, and the use of pressure-relieving mattresses and cushions. When a nursing home resident develops Stage III or Stage IV bedsores, it is a strong signal that the facility failed to provide adequate care.
Legal Theories for Nursing Home Bedsore Claims
Kentucky law provides several avenues for holding a nursing home accountable for bedsore injuries.
Negligence: The most common claim is ordinary negligence. You must show that the nursing home owed a duty of care to the resident, breached that duty by failing to provide adequate care, and that the breach caused the resident’s bedsore injuries. The standard of care is established through nursing home regulations, industry standards, and expert testimony about what a reasonably competent facility would have done.
Kentucky Adult Abuse Statutes: Under KRS 209.020, the abuse, neglect, or exploitation of an adult who is unable to protect their own interests may give rise to a cause of action. Allowing a resident to develop severe bedsores through inattention can constitute neglect under this statute.
Violation of Residents’ Rights: Federal regulations under 42 C.F.R. § 483.25 require nursing homes that participate in Medicare and Medicaid to ensure that residents who enter without pressure sores do not develop them (unless clinically unavoidable) and that residents with existing pressure sores receive necessary treatment to promote healing. Violations of these regulations can serve as evidence of negligence.
The Arbitration Agreement Problem
Many Kentucky nursing homes require residents or their families to sign arbitration agreements at admission. These agreements attempt to require any disputes to be resolved through private arbitration rather than in court before a jury. Kentucky courts have scrutinized these agreements carefully.
The enforceability of nursing home arbitration agreements in Kentucky depends on several factors, including whether the agreement was voluntarily entered, whether the person who signed it had legal authority to bind the resident, and whether the terms are unconscionable. If your loved one signed an arbitration agreement, it does not necessarily bar a lawsuit, but it is an issue that needs to be addressed early in the case.
Who Can Bring the Claim?
If the resident is still living, they can bring the claim themselves or through a legal representative (such as a guardian or attorney-in-fact under a power of attorney). If the resident has died — whether from the bedsores or from other causes — a wrongful death or survival action may be brought by the personal representative of the resident’s estate under KRS 411.130.
Damages Available
Damages in nursing home bedsore cases may include the cost of medical treatment for the bedsore injuries, pain and suffering experienced by the resident, emotional distress, and in cases involving particularly egregious conduct, punitive damages. If the resident died as a result of the neglect, wrongful death damages may include loss of companionship and the decedent’s pre-death pain and suffering.
Preserving Evidence
If you suspect nursing home neglect, take immediate steps to preserve evidence. Photograph the bedsores if possible. Request copies of the resident’s medical records from the facility — you have a right to these under federal law. Document your observations about staffing levels, cleanliness, and the resident’s condition each time you visit. File a complaint with the Kentucky Cabinet for Health and Family Services, which oversees nursing home inspections and can investigate your concerns.
Contact a Kentucky Attorney
Nursing home neglect cases are complex and often involve well-funded corporate defendants with experienced legal teams. If your loved one has suffered from bedsores or other signs of neglect in a Kentucky nursing home, consulting with an attorney experienced in these matters is an important first step.
Buckles Law Office handles personal injury and civil litigation matters in Central Kentucky. Call (859) 225-9540 to discuss your situation.
