When you place a loved one in a hospital or nursing home, you trust that facility to provide basic care. That includes turning and repositioning them regularly, keeping their skin clean and dry, ensuring proper nutrition, and monitoring for early signs of skin breakdown. When that doesn't happen and painful, potentially life-threatening bedsores develop, it's not just unfortunate. It's often preventable neglect, and yes, you can take legal action.
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Bedsores, also called pressure ulcers or pressure injuries, don't just appear overnight. They develop when someone remains in the same position for too long without being moved. The pressure cuts off blood flow to the skin and underlying tissue. What starts as a red patch can quickly progress to an open wound that reaches muscle or even bone. In severe cases, these wounds become infected, leading to sepsis, organ failure, or death.
The question families often ask after discovering a loved one covered in painful sores is whether the facility can be held accountable. The answer depends on whether the bedsores resulted from genuine medical complications despite proper care or from neglect. When facilities fail to follow basic protocols like repositioning immobile patients on appropriate schedule, responding to call bells, maintaining hygiene, or providing adequate nutrition, that failure crosses into legal territory.
Can You Sue for Bedsores in New York?
You can sue hospitals and nursing homes in New York when bedsores result from neglect or substandard care. These cases typically fall under medical malpractice or negligence law, depending on whether the facility is a hospital or long-term care setting and who provided (or failed to provide) the care.
New York law requires healthcare facilities to meet specific standards. Public Health Law Section 2805-d mandates that nursing homes provide quality care that meets professional standards. When a facility violates these standards and a resident suffers harm as a result, that creates grounds for a lawsuit. The same principle applies to hospitals, though the legal framework differs slightly.
The key is proving that the bedsores were preventable and resulted from the facility's failure to provide adequate care. Not every pressure ulcer constitutes neglect. Some patients have medical conditions that make them extremely vulnerable to skin breakdown despite proper care. But when bedsores develop because staff didn't turn a patient, ignored requests for help, left someone lying in soiled bedding, or failed to provide proper nutrition, that's actionable neglect.
New York has 601 nursing homes, and recent data shows that 91 facilities received citations for serious deficiencies. Another 441 were cited for infection-related issues. These numbers matter because they demonstrate systemic problems in facilities across the state. When your loved one develops bedsores in a facility with a history of citations for inadequate care or staffing violations, that strengthens your case.
What Makes Bedsores a Sign of Neglect?
Bedsores are often preventable when proper care protocols are followed. Medical professionals know exactly how to prevent pressure ulcers. The methods are straightforward: reposition immobile patients at least every two hours, use pressure-relieving mattresses and cushions, keep skin clean and dry, ensure adequate nutrition and hydration, and conduct regular skin assessments.
When these basic care measures aren't taken, bedsores develop predictably. A patient who lies in the same position for hours experiences sustained pressure that cuts off circulation. The skin breaks down, starting with redness that doesn't go away when pressure is relieved. If the neglect continues, the injury progresses through four stages. Stage 1 involves non-blanchable redness. Stage 2 shows partial-thickness skin loss with a shallow open ulcer. Stage 3 extends through the full thickness of skin into underlying fat tissue. Stage 4 reaches muscle, tendon, or bone, often with tunneling under the skin.
The progression from Stage 1 to Stage 4 doesn't happen instantly. It takes continued neglect or a failure to intervene when early warning signs are present. That's why advanced-stage bedsores are particularly strong indicators of ongoing failure to provide basic care. A Stage 4 pressure ulcer on a patient's tailbone or heel tells a story of days or weeks without proper repositioning, hygiene, or monitoring.
Several factors make certain patients more vulnerable to bedsores, including immobility, incontinence, poor nutrition, diabetes, circulation problems, and cognitive impairment that prevents them from repositioning themselves or asking for help. Facilities know this. They use assessment tools like the Braden Scale to identify high-risk patients who need extra attention. When a facility identifies someone as high-risk but fails to implement appropriate preventive measures, that failure is even harder to defend.
Research shows that up to 95% of nursing home residents either experience or witness some form of neglect. Malnutrition, which directly contributes to bedsore development, affects more than 66% of residents in the worst-performing facilities. These aren't random statistics. They reflect widespread systemic failures in how some facilities operate.
Understanding the Legal Framework in New York
Suing a hospital or nursing home for neglect involves navigating specific legal requirements that differ depending on the type of facility and the nature of the claim.
For nursing homes, claims typically proceed under New York's medical malpractice or general negligence statutes. The Civil Practice Law and Rules (CPLR) Article 30-A governs certain aspects of nursing home litigation. You must prove four elements: the facility owed your loved one a duty of care, the facility breached that duty by failing to meet accepted standards, the breach directly caused the bedsores and related harm, and your loved one suffered actual damages as a result.
The duty of care is usually straightforward to establish. When someone becomes a resident of a nursing home or patient in a hospital, the facility automatically assumes responsibility for their wellbeing. That includes preventing foreseeable harm like bedsores.
Proving breach requires showing what the facility should have done versus what it actually did. This involves examining medical records, care plans, nursing notes, staffing schedules, and facility policies. If the care plan says the patient should be turned every two hours but nursing notes show hours passing without documentation of repositioning, that's evidence of breach. If the facility was chronically understaffed and couldn't provide adequate care as a result, that's evidence of breach.
Causation means linking the facility's failures directly to the bedsores. Medical expert testimony typically establishes this connection. An expert reviews the records and explains how proper care would have prevented the pressure ulcers or stopped them from progressing to advanced stages.
Damages include medical expenses for treating the bedsores, pain and suffering, loss of quality of life, and in wrongful death cases, the loss of your loved one. Bedsore treatment can be extensive and expensive, involving wound care specialists, antibiotics for infections, surgical debridement to remove dead tissue, and sometimes amputations when infection spreads to bone.
Hospitals face similar legal standards but with some procedural differences. Hospital malpractice cases in New York must be filed within two and a half years of the alleged malpractice or from the end of continuous treatment for the same condition. The continuous treatment doctrine can extend the deadline if the patient remained under the hospital's care.
Nursing home cases also have a two and a half year statute of limitations, but the discovery rule may apply. This means the clock might not start until you discovered or reasonably should have discovered the neglect. If your loved one couldn't communicate about their condition and the facility concealed the bedsores, the timeline may be extended.
Federal law also plays a role, particularly for nursing homes that participate in Medicare or Medicaid programs. The Federal Nursing Home Reform Act of 1987 requires these facilities to provide care that prevents avoidable decline, including the development of pressure ulcers. Facilities that violate federal standards face penalties from the Centers for Medicare & Medicaid Services (CMS), and evidence of these violations can support civil lawsuits.
The New York State Attorney General's Criminal Justice Division investigates and prosecutes abuse and neglect in nursing homes. When criminal investigations uncover evidence of neglect, that evidence can bolster civil cases. Similarly, complaints filed with the New York State Department of Health trigger inspections that create official records of deficiencies.
What Evidence Do You Need to Prove Your Case?
Building a strong case requires comprehensive evidence that tells the complete story of what happened and why it shouldn't have.
Medical records form the foundation. These include admission assessments, care plans, daily nursing notes, medication records, wound care documentation, and any incident reports. What's documented matters, but so do gaps in documentation. If nursing notes show no repositioning for eight-hour stretches, that absence of documentation can be as telling as what's written.
Photographs of the bedsores provide powerful evidence of severity and progression. If you noticed sores developing and took pictures, those images create a timeline. Medical records should also contain wound measurements and staging assessments that track how the ulcers progressed.
Facility staffing records reveal whether the nursing home or hospital had adequate staff to provide necessary care. Understaffing is a common factor in neglect cases. If a facility was routinely operating below required nurse-to-patient ratios, residents inevitably received inadequate attention. New York facilities like Waterview Heights in Rochester have been cited for failing to maintain adequate staffing levels of licensed nurses, creating conditions where basic care like repositioning couldn't be consistently provided.
Expert testimony is typically essential. A qualified medical expert, usually a physician or nurse with expertise in wound care or geriatric medicine, reviews all the evidence and provides opinions on whether the care met accepted standards, whether the bedsores were preventable, and whether the facility's failures caused the harm. Expert testimony translates the medical facts into legal conclusions about negligence.
Witness statements from other residents, family members, or staff members who observed conditions at the facility can provide context. If multiple people report that call bells went unanswered for long periods, that residents were left in soiled bedding, or that staff seemed overwhelmed and unable to provide basic care, those observations support claims of systemic neglect.
Inspection and citation records from state or federal agencies provide official documentation of problems at the facility. If the Department of Health cited the facility for inadequate wound care protocols or CMS documented deficiencies in pressure ulcer prevention, those citations serve as evidence that the facility knew or should have known about problems and failed to correct them.
How Much Are Bedsore Neglect Cases Worth?
The value of a bedsore neglect case depends on multiple factors, and no two cases are identical. As with any personal injury case, everything is evaluated based on the specific facts. However, looking at settlement and verdict amounts provides some guidance on potential outcomes.
The severity of the bedsores significantly impacts case value. Stage 1 or Stage 2 pressure ulcers that healed with treatment result in lower settlements than Stage 4 ulcers that caused permanent damage, required surgery, or led to life-threatening infections. Cases involving the most severe injuries regularly reach six or seven figures.
Whether the victim survived also affects value. When bedsores lead to sepsis, organ failure, or death, wrongful death claims can result in substantial verdicts. A New York case involving inadequate hygiene and care at Shaker Place Rehabilitation Center in Albany County resulted in a $2 million settlement after the resident died. Another New York case involving a diabetic resident whose bedsores led to serious complications settled for $500,000.
National verdicts provide additional context. A Minnesota case involving Stage 4 bedsores resulted in a $1.5 million verdict. An Illinois case where bedsores and a kidney infection caused death led to a $1.2 million settlement. These cases share common elements of advanced-stage ulcers, serious complications, and clear evidence of neglect.
Average settlements for nursing home neglect cases hover around $400,000 to $406,000 nationally. However, this average includes cases of varying severity. Cases with catastrophic injuries or death regularly exceed this range, sometimes substantially. New York's medical malpractice payouts led the nation at $595 million in recent data, reflecting both the frequency of cases and the size of awards in the state.
Several factors influence where a particular case falls within this range. The strength of evidence matters enormously. Clear documentation of neglect, multiple citations against the facility, and compelling expert testimony increase settlement value. The facility's history of violations and the egregiousness of the neglect also factor in. When evidence shows that staff knew about the bedsores and did nothing, or that the facility deliberately understaffed to cut costs, that can support punitive damages claims.
The victim's age and life expectancy play a role in calculating damages. Younger victims with longer life expectancies who will live with the consequences of severe bedsores for many years may recover more for future medical expenses and diminished quality of life.
The jurisdiction matters too. New York juries have shown willingness to award substantial damages in clear cases of neglect, particularly when facilities showed reckless disregard for resident safety.
What Challenges Might You Face?
Pursuing a bedsore neglect case isn't without obstacles, and understanding potential challenges helps set realistic expectations.
Underreporting is a significant issue. Research indicates that only one in 24 cases of elder abuse or neglect gets reported. Many families don't realize that bedsores constitute actionable neglect, or they feel overwhelmed by the process of taking legal action while dealing with their loved one's medical needs.
Facilities often defend these cases aggressively. Common defenses include arguing that the patient's medical condition made bedsores unavoidable despite proper care, claiming that the patient or family refused recommended interventions like repositioning, or asserting that the bedsores developed before admission or during a hospital transfer. Overcoming these defenses requires thorough evidence showing that proper protocols weren't followed.
Documentation gaps create challenges. If nursing notes are sparse or inconsistent, it can be difficult to establish exactly what care was or wasn't provided. Some facilities have been accused of retroactively altering records when they realize a lawsuit is coming, though this itself can constitute fraud or spoliation of evidence.
The emotional toll of litigation shouldn't be underestimated. Pursuing a case means revisiting painful memories and confronting the reality that your loved one suffered preventable harm. Depositions and testimony require describing the neglect in detail. For many families, this process is necessary for accountability and preventing future harm to others, but it's not easy.
Statute of limitations issues can bar cases if too much time passes before filing. The two and a half year window in New York sounds generous, but families often don't immediately recognize neglect or understand their legal options. By the time they consult an attorney, valuable time may have passed, and evidence may have been lost.
Inspection delays compound the problem. Recent data shows that 75% of nursing homes in some states are overdue for inspections. When facilities aren't regularly monitored, problems go undetected and unreported, making it harder to establish patterns of neglect.
How Federal Oversight Affects Your Case
Federal regulations create additional avenues for accountability, particularly for nursing homes that participate in Medicare or Medicaid programs.
The Federal Nursing Home Reform Act established minimum standards of care that participating facilities must meet. These standards specifically address preventing avoidable decline, including the development of pressure ulcers. When facilities violate these federal standards, CMS can impose penalties ranging from fines to termination from Medicare and Medicaid programs.
Citations from CMS inspections provide strong evidence in civil lawsuits. When federal inspectors document that a facility failed to implement pressure ulcer prevention protocols or didn't properly treat existing bedsores, that official finding of deficiency supports negligence claims.
Nationwide, more than 282,000 complaints were recorded by federal oversight agencies through mid-2025, many involving neglect failures. Federal penalties in high-complaint states exceeded $78.6 million. These numbers reflect the scope of the problem and the government's increasing willingness to hold facilities accountable.
The False Claims Act has also become relevant to nursing home neglect cases. In fiscal year 2025, a record 1,297 qui tam lawsuits were filed under the False Claims Act, many targeting facilities that billed Medicare or Medicaid for care they didn't actually provide. When a nursing home bills for services like wound care or adequate staffing but fails to deliver that care, resulting in bedsores, that can constitute fraud against federal healthcare programs. While these are separate legal actions from personal injury lawsuits, evidence from False Claims Act investigations can support civil neglect cases.
Taking Action Before Filing a Lawsuit
Before pursuing litigation, several steps can strengthen your case and potentially lead to resolution without trial.
Filing complaints with regulatory agencies creates official records and may trigger inspections. The New York State Department of Health investigates complaints about nursing homes and hospitals. Complaints to CMS can trigger federal inspections of Medicare or Medicaid-participating facilities. These inspections generate reports that document deficiencies and can serve as evidence in later litigation.
Gathering your own evidence early is crucial. Take photographs of any visible bedsores if possible. Request complete copies of medical records immediately. Memories fade and documents can be lost, so acting quickly preserves evidence.
Consulting with an attorney experienced in nursing home neglect or medical malpractice cases provides clarity on whether you have a viable claim and what it might be worth. Many attorneys offer free initial consultations and work on contingency, meaning they only get paid if you recover compensation.
Consider whether your loved one is still in the facility. If neglect is ongoing, you may need to arrange immediate transfer to protect them from further harm. No lawsuit is worth more than preventing additional suffering.
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Summing It Up
Bedsores in hospitals and nursing homes are often preventable with proper care. When facilities fail to reposition patients regularly, maintain hygiene, provide adequate nutrition, or respond to calls for help, and bedsores develop as a result, that's neglect. You can sue for this neglect in New York under medical malpractice or negligence law.
Proving your case requires showing that the facility owed a duty of care, breached that duty by failing to meet accepted standards, directly caused the bedsores through that failure, and that your loved one suffered actual damages. Evidence includes medical records, photographs, expert testimony, staffing records, and inspection reports.
Case values vary widely based on severity, ranging from tens of thousands for minor ulcers to millions for Stage 4 bedsores that caused death or catastrophic injury. New York has shown willingness to award substantial damages in clear cases of neglect.
The process involves challenges, including underreporting, aggressive facility defenses, documentation gaps, and emotional difficulty. But accountability matters, both for your family and for preventing future harm to other vulnerable residents.
If your loved one developed bedsores in a hospital or nursing home, you don't have to accept that it was inevitable. Consulting with an attorney who understands these cases helps you determine whether the facility failed in its duty and what legal options you have. The statute of limitations creates time pressure, so acting relatively quickly preserves your right to seek justice and compensation for preventable suffering.
