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Bed sores, also known as pressure ulcers or decubitus ulcers, are one of the most devastating, and largely preventable, injuries suffered by elderly residents in nursing homes, hospitals, and assisted living facilities. These wounds develop when prolonged pressure restricts blood flow to the skin and underlying tissues, leading to skin breakdown, deep infections, and, in severe cases, fatal complications.
At The Elder Justice Firm, we specialize in representing victims of elder neglect, holding negligent nursing homes, long-term care facilities, and hospitals accountable for failing to prevent these horrific injuries. Call (855) 880-4500 for a free consultation. The attorneys of The Elder Justice Firm have recovered more than $200 million over their careers for victims of negligence and wrongful conduct, and we have the legal and medical experience required to build strong cases that force facilities to take responsibility for their misconduct
If your loved one has developed bed sores due to neglect, the law provides avenues for justice. California has some of the most robust elder abuse statutes in the country, allowing families to seek compensation for medical treatment, pain and suffering, and, in some cases, punitive damages against facilities that acted with reckless disregard for patient safety.
Bed sores develop due to prolonged, unrelieved pressure on certain areas of the body, which cuts off circulation and deprives tissues of oxygen and nutrients. Without proper blood flow, skin and underlying tissue begin to die, creating painful wounds that worsen over time.
The most common locations for bed sores include:
These areas are at the highest risk because they bear the most pressure when a person is lying down or sitting for prolonged periods.
Healthy individuals constantly shift their weight—often unconsciously—to prevent excessive pressure buildup. However, elderly residents who are bedridden, paralyzed, or have limited mobility rely entirely on caregivers to reposition them. Repositioning at regular intervals, commonly every two hours for bedbound residents as set by the care plan, is basic preventive care. When facilities fail to provide it, residents are at a significantly increased risk of developing pressure ulcers.
In addition to pressure, several other factors increase the likelihood of developing bed sores,including:
Nursing homes and hospitals are well aware of these risk factors, and federal and state regulations require them to implement comprehensive prevention plans to protect at-risk residents. When they fail to follow proper protocols, resulting in bed sores, they can and should be held legally responsible.
Bed sores develop in progressive stages, with each stage representing increasing severity. The later the stage, the more dangerous and life-threatening the condition becomes.
According to the federal Agency for Healthcare Research and Quality, about 60,000 patients die each year as a direct result of pressure ulcers. Serious facility-acquired pressure injuries (Stage 3 and Stage 4) are treated in federal patient-safety standards as never events, meaning this kind of harm is not expected to occur when proper preventive care is provided.
For more information on pressure ulcer classification and treatment, you may consult the Mayo Clinic’s explanation of bed sores and pressure wounds, or click on our in-depth article about bed sore types, their causes, and prevention.
Families suspecting bed sores or neglect often feel overwhelmed, unsure of the next steps. Taking prompt, strategic action can help protect your loved one’s health and strengthen any potential legal claim. Below are key steps you can implement right away:
Keep a detailed log of dates, times, and observations related to your loved one’s care. If staffing seems inadequate or instructions for repositioning are being ignored, note that. Consistent records can highlight patterns of neglect and support your case if legal action becomes necessary.
Visual evidence of bed sores, living conditions, or inadequate hygiene can be powerful. Use a clear, well-lit setting to capture images of the wounds, noting the date each time. If possible, take photos over a series of days to document any progression or worsening.
Whether your loved one is in a hospital, nursing home, or assisted living facility, you have the right to obtain their medical records. These documents can reveal when symptoms first appeared, how staff responded, and the timeline of care—or lack thereof.
Speak with the facility’s administration or patient advocate about your observations. Ask specific questions about wound care protocols, frequency of repositioning, and dietary monitoring. Document every conversation and request written responses wherever possible.
Elder law attorneys are well-versed in bed sore cases and can guide you in navigating regulations, collecting evidence, and holding negligent parties accountable. Consulting legal counsel early on not only protects your rights but also ensures critical evidence is preserved.
By taking these steps immediately, you’ll not only advocate for better care but also lay a solid foundation if you decide to pursue legal action later.
California law holds long-term care facilities to strict standards of care for pressure-injury prevention. A facility is not automatically liable whenever a bed sore develops. But a facility that fails to assess risk, follow the care plan, or provide basic repositioning, nutrition, and wound care can be held responsible for the harm that results, and reckless neglect can support enhanced remedies under the Elder Abuse Act. The California Elder Abuse and Dependent Adult Civil Protection Act, found in Welfare & Institutions Code § 15600, allows victims and their families to file lawsuits against negligent facilities
Potential damages in a lawsuit include:
Unlike most medical malpractice or wrongful death cases, elder abuse lawsuits in California allow families to recover for the pain and suffering their loved one endured before death—a key legal distinction that can significantly increase the value of a claim
Proving nursing home neglect requires expertise in both medical and legal investigations. Our firm collaborates with:
Our track record of success speaks for itself. We have secured more than $200 million in verdicts and settlements, and our aggressive litigation tactics force facilities to take responsibility for their failures. Many nursing homes settle bed sore cases rather than face trial, knowing that a jury will not tolerate blatant neglect.
If your loved one developed bed sores while under the care of a nursing home, hospital, or assisted living facility, contact us to discuss your legal options. Our California bed sore lawyers will guide you through every step of the process with compassion, expertise, and an unwavering commitment to justice.
Clinicians grade pressure injuries in four stages, from persistent redness over intact skin (Stage 1) to deep wounds exposing muscle or bone (Stage 4). The stage matters legally as well as medically: a wound that reaches Stage 3 or 4 inside a facility almost always reflects a breakdown in the repositioning, skin checks, and wound care California law requires. Because staging is documented in the medical record, it often becomes the clearest evidence of how long neglect went unaddressed.
For a full walkthrough of each stage and its legal implications, read our guide: The Four Stages of Bedsores: Medical & Legal Implications.
The Elder Justice Firm handles bed sore and pressure ulcer cases in every part of the state. Families can also work with our Los Angeles bed sore lawyers, Orange County bed sore lawyers, and San Diego bed sore lawyers.
In most cases, yes. Bed sores are classified as "never events" in medical settings, meaning they should never occur when proper care is provided. A well-staffed and properly managed nursing home will have protocols in place to prevent them. When a resident develops pressure ulcers, it is typically because they were not repositioned, kept clean, or provided with the necessary medical attention.
Early-stage bed sores (Stage 1 and Stage 2) can usually be treated if proper care is provided immediately. However, once a bed sore progresses to Stage 3 or Stage 4, the damage can be permanent. In severe cases, the wounds may never fully heal, and complications such as infections, sepsis, or amputations may arise. Treatment for advanced bed sores often involves surgical debridement, long-term wound care, and hospitalization.
A bed sore can begin forming in as little as two to three hours of continuous pressure, but significant damage often becomes visible within one to two days. If left untreated, a Stage 1 sore can progress to a Stage 3 or Stage 4 ulcer in a matter of days, leading to severe medical complications. This is why routine repositioning and vigilant monitoring are critical in nursing homes and hospitals.
Nursing homes and hospitals are required to take proactive steps to prevent bed sores, including:
Failure to follow these basic prevention protocols is a clear indicator of neglect.
Yes. Under California law, nursing homes have a duty to provide a standard level of care, which includes preventing pressure ulcers. If a resident develops bed sores due to improper repositioning, lack of hygiene, malnutrition, or other preventable factors, the facility can be held liable. Our firm investigates these cases by reviewing medical records, staffing logs, and state inspection reports to determine where the breakdown in care occurred.
Proving neglect in a bed sore case requires strong evidence. Our legal team collects:
If a resident passes away due to sepsis, infection, or other complications related to bed sores, the family may file a wrongful death lawsuit against the facility. California’s elder abuse laws allow families to recover damages for the pain and suffering their loved one endured before passing, which is not available in standard wrongful death claims. If the nursing home’s conduct was particularly egregious, punitive damages may also be pursued.
Yes. If multiple residents in the same facility develop bed sores, it may indicate a systemic issue of neglect, understaffing, or improper training. Our firm investigates whether the facility has a history of complaints or prior lawsuits. If patterns of neglect are evident, it strengthens the case and may support claims by multiple residents and families. A pattern of similar injuries is also powerful evidence of systemic, corporate-level neglect.
Nursing homes frequently deny liability, claiming that bed sores were unavoidable or due to the resident’s medical condition. However, in nearly all cases, pressure ulcers can be prevented with proper care. If the facility refuses to provide answers, it is critical to seek legal representation. Our attorneys will obtain medical records, consult with wound care specialists, and take legal action to ensure your family receives the justice it deserves.
The length of a lawsuit varies depending on the complexity of the case, the facility’s willingness to settle, and whether the case goes to trial. Some cases resolve in months, while others require extended litigation or trial. Our firm aggressively pursues settlements but is fully prepared to take cases to trial when necessary.
The value of a bed sore case depends on several factors, including:
Each case is unique, and settlements or verdicts can range from hundreds of thousands to several million dollars, particularly in cases involving wrongful death or egregious misconduct by the facility. Click here for more information on expected recoveries for bed sore claims.
Nursing home abuse cases are highly complex and require extensive knowledge of medical records, elder care regulations, and litigation strategy. Nursing homes have legal teams that aggressively defend these claims, making it difficult for families to pursue justice alone. Our firm has over $200 million in verdicts and settlements and a track record of winning cases against major long-term care corporations. We have the resources to investigate, litigate, and negotiate maximum compensation for victims and their families.
If you suspect that your loved one has suffered from nursing home neglect, bed sores, or wrongful death due to improper care, contact us to discuss your case. Our team will review the facts, explain your legal rights, and help you take the next steps toward justice.
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