Bedsores Attorney
Phoenix Bedsores Lawyer
At Miller Kory Rowe, we understand the importance of providing proper care and attention to nursing home residents. Unfortunately, not all nursing homes prioritize the well-being of their residents, leading to neglect and abuse. One common issue that arises in nursing homes is the development of bedsores.
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Offices in Phoenix, Tucson & Globe
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in Personal Injury and Wrongful Death
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What Are Bedsores?
Where Do Bedsores Develop?
Bed sores can develop on any part of the body that is subjected to prolonged pressure, friction, or shear forces. However, certain areas are more prone to developing bed sores due to their bony prominences and the amount of pressure they experience when a person is immobile. Common sites where bed sores often develop include:
- Sacrum (lower back): The sacral region, which is the base of the spine above the buttocks, is one of the most common sites for bed sores.
- Heels: Bed sores frequently occur on the heels, especially in individuals who spend a significant amount of time lying in bed without changing positions.
- Hips: The bony areas of the hips, particularly the hip bones (trochanters), are susceptible to pressure ulcers.
- Elbows: When a person spends extended periods resting on their elbows or leans on them for support, the skin over the elbows can become vulnerable to bed sores.
- Shoulders: Bed sores can develop on the shoulder blades or other areas where the skin is in contact with a support surface.
- Back of the head: Individuals who spend a lot of time lying in bed or sitting in a chair without proper head support may develop bed sores on the back of their heads.
Laws Against Bedsores & Improper Care In AZ
In Arizona, there are laws and regulations in place to protect patients’ rights and ensure proper care, including the prevention and treatment of bed sores. Some laws that may apply include: Adult Protective Services Act: This law aims to protect vulnerable adults from abuse, neglect, and exploitation. It establishes guidelines for reporting and investigating incidents of mistreatment, including cases involving improper care that may contribute to the development of bed sores. Arizona Nursing Care Institution Abuse and Neglect Act: This act outlines regulations related to the care provided in nursing homes and other long-term care facilities. It includes provisions to prevent and address bed sores and sets standards for appropriate care, staffing, and facility conditions. Arizona Administrative Code: The Arizona Department of Health Services has established rules and regulations that govern healthcare facilities, including requirements for patient care, prevention of pressure ulcers, documentation, and reporting of adverse events.
What Are My Legal Rights If A Loved One Has Bed Sores?
If a loved one has developed bed sores due to neglect or improper care, it is important to be aware of your legal rights.
Right to Quality Care: Patients have the right to receive proper medical care and treatment, including the prevention and management of bed sores. Healthcare providers have a duty to provide a reasonable standard of care, and if they fail to do so, they may be held accountable for any resulting harm.
Right to File a Complaint: You have the right to file a complaint with the appropriate regulatory authorities, such as the state health department or licensing boards. They can investigate the situation and take necessary actions against healthcare facilities or professionals who have provided substandard care.
Right to Legal Action: If your loved one has suffered harm, including bed sores, as a result of negligence or improper care, you may have the right to pursue legal action. This could involve filing a medical malpractice or negligence lawsuit against the responsible parties, seeking compensation for damages such as medical expenses, pain and suffering, and loss of quality of life.
Filing A Lawsuit For Bedsores In Phoenix, AZ
If you are considering filing a lawsuit for bedsores in Phoenix, Arizona, it is crucial to consult with a qualified attorney who specializes in medical malpractice or personal injury law. They can provide you with accurate guidance based on the specifics of your case.
The general process for filing a lawsuit is as follows:
- Consultation with an Attorney: Schedule a consultation with a reputable attorney who has experience in medical malpractice or personal injury cases. During this initial meeting, you can discuss the details of your loved one’s situation, including their development of bedsores, the circumstances surrounding their care, and any evidence you may have.
- Investigation and Gathering Evidence: Your attorney will conduct a thorough investigation to gather relevant evidence. This may involve reviewing medical records, obtaining expert opinions, interviewing witnesses, and collecting any other documentation that supports your claim of negligence or improper care.
- Notice of Claim: In Arizona, before filing a medical malpractice lawsuit, you typically need to provide notice to the potential defendants. This notice must include specific information about the claim, such as the nature of the injuries and the basis for the claim of negligence. Your attorney can assist you in properly preparing and submitting this notice within the required timeframe.
- Negotiation and Settlement: In some cases, parties may engage in negotiations or mediation to attempt a settlement before proceeding to trial. Your attorney will advocate on your behalf during these discussions to seek a fair and appropriate resolution.
- Filing the Lawsuit: If a settlement cannot be reached or negotiations fail, your attorney will prepare and file the lawsuit on your behalf. This involves drafting a complaint outlining the allegations against the defendants and submitting it to the appropriate court in Phoenix, Arizona.
- Discovery and Pretrial Proceedings: Both parties engage in the discovery process, exchanging relevant information and evidence. Depositions may be conducted, where witnesses provide sworn testimony. There may also be pretrial hearings and motions to address various legal matters.
- Trial: If the case proceeds to trial, your attorney will present your case before a judge and/or jury. They will present evidence, call witnesses, and argue your position. The opposing side will do the same. The judge or jury will then make a determination regarding liability and potential damages.
Representation For Bedsore Lawsuits In Phoenix
It is advisable to consult with an attorney who specializes in elder law, medical malpractice, or personal injury. They can evaluate the specific circumstances of your case, determine the viability of a legal claim, and guide you through the legal process.
What to Expect When Working With Us
We understand that pursuing a claim can feel daunting. Our team will guide you through each step of the process.
1. Initial Consultation
We’ll listen to your story, review available documentation, and provide an honest assessment of your case. This consultation is free, and there’s no obligation to proceed.
2. Investigation Phase
If we take your case, we’ll gather all necessary medical records and consult with expert witnesses to build a strong foundation for your claim.
3. Claim Development
We’ll calculate the full extent of your damages and prepare comprehensive settlement demands or legal filings.
4. Negotiation or Litigation
We’ll pursue fair compensation through negotiation when possible, but we’re always prepared to take your case to trial if necessary.
Real Client Testimonials
Our dedication to achieving successful outcomes for our clients is reflected in the authentic stories they share in our testimonials.
Many of these families came to us after discovering neglect in a nursing home or care facility.
“Teri Rowe and the team at MKR are highly recommended. My family and I went to Teri under the worst of circumstances and she was always kind, comforting, and helpful. Our case was complicated, sad, confusing and frustrating. She managed everything wonderfully. Our family lawyer referred us to Teri because Teri has a reputation for being the best. She definitely lives up to her reputation.”
— Michael Stenoien
“My sisters and I couldn’t have made a better choice by choosing Miller Kory Rowe to represent us. From day one to the end, their empathy, their professionalism and their confidence in our case never wavered. We were given the faith and they kept it. Their approach was completely professional but their concern for our case was equally personal. They took into account every little detail. They valued for us, our family values and ensured justice was done. We now have complete closure that this lawsuit is behind us, we can move forward knowing that we got some measure of justice for the harm done to our mother. Thank you so much Liz, Gabe and Stephanie.”
— Sherrie Dudek
“From our initial consultation to our final settlement. Miller, Kory and Rowe was with us every step of the way. Gabe and team kept us abreast of any updates on the case in a timely fashion and were always, often within minutes of an email, to walk us through what was happening in our case or clarify any questions we may have.
MKR’s compassion and thoughtfulness was genuine and was able to ease our minds in what was a difficult time with the passing of our mom. Gabe’s experience with these cases was very evident in our interactions and we had the utmost confidence in his representation. I would highly recommend MKR if you are ever in need of an attorney.”
— Joseph Shown
At Miller Kory Rowe, we are not afraid to take cases to trial. We are Arizona litigators with deep experience handling serious injury and wrongful death claims for families across the state.
Every case is prepared with the courtroom in mind. That level of preparation strengthens our strategy, builds trust with our clients, and puts pressure on the defense. We work with respected experts, craft compelling exhibits, and uncover the details that help juries understand the truth.
Whether your case involves medical negligence, elder abuse, or another form of life-changing harm, our focus stays the same: clear answers and meaningful results.
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