Twelfth Court of Appeals Says Bedsore Case Can Proceed

The lawyers at MedMalFirm.com are pleased at the decision made by the Twelfth Court of Appeals District of Texas in a tragic bedsore case.  Like so many others, this bedsore case involves negligent and substandard care, intense emotional and physical pain, and ultimately, the loss of a beloved family member.

Bedsore Case Background

This Texas bedsore case originated in 2010, when an 80+-year-old woman was admitted to a Tyler nursing home for long-term care.  She suffered from Alzheimer’s disease, and had a history of medical conditions befitting her age.  Her illnesses required total assistance with daily living activities.

In the fall of 2013, a pressure ulcer (bedsore) was identified.  Hospitalization was required in order to treat it.  Once admitted and assessed at the hospital, the bedsore was diagnosed as Stage IV, which is the most severe classification of bedsore.  In addition, the patient was diagnosed with a “severely compromised” nutritional status (malnourishment).

After being transferred from the hospital to wound management, the patient developed a second bedsore, diagnosed as Stage II.  The patient underwent extensive antibiotic treatment, surgical debridement, and “wound VAC” treatment.  Despite the care and treatment she was receiving, the patient’s health declined, and ultimately she died in the winter of 2013.

Bedsore Lawsuit

Following the patient’s death, several family members contacted MedMalFirm.com and subsequently filed a lawsuit against the nursing home where the patient was admitted, alleging negligence and substandard care. The lawsuit alleges that the nursing home and staff failed to uphold their duty to properly monitor, assess, report, and administer treatment to the patient, thus resulting in the development of the bedsore and its continued deterioration.

Following the requirements in Chapter 74 of Texas Civil Practice and Remedies Code, our bedsore case included an expert report which contained the expert’s opinion that the nursing home breached the standards of care in regard to the bedsores, thus proximately causing the patient’s death.

Following review of the lawsuit, the nursing home filed a motion to dismiss the case based on the expert report being conclusory.  The trial court overruled the motion, and the case proceeded.  The nursing home then filed an appeal with the Twelfth Court of Appeals in an attempt to overturn the trial court’s ruling.  Ultimately, the Court of Appeals ruled in favor of the plaintiffs, finding that the expert’s opinion was sufficient under the rules of Chapter 74.  Based on this finding, the Court of Appeals overruled the nursing home, allowing our team to continue to fight for this bereaved family’s rights in a court of law.

Protecting Families Harmed by Negligence

Negligent or substandard care resulting in injury or loss of life is never acceptable.  At MedMalFirm.com, we work with clients in a variety of medical malpractice and nursing home abuse cases, including bedsore cases.  Our team of attorneys aggressively fights for the rights of patients and their loved ones.  Our staff is competent and has the know-how to manage challenging cases with confidence and determination.  We have a strong track record for getting results for our clients and offering only the highest quality legal representation.

Filing a lawsuit against a nursing home, healthcare facility, or healthcare provider can be complicated and overwhelming.  If you or someone you love has been harmed due to negligent or substandard care, it is important that you explore your legal rights in a timely manner.  Texas law has a two-year statute of limitations for filing medical malpractice or nursing home abuse lawsuits.  Once the statute of limitations has “run” (meaning the deadline has passed), you may not be able to pursue justice for your unfortunate situation.

To learn more about medical malpractice or nursing home abuse, or if you believe you have a bedsore case, contact MedMalFirm.com by filling out online form.  Don’t wait to get the help you deserve – contact the attorneys who care about your rights and your future.