Factors That Affect Bedsore Settlement Amounts
1. Severity of Bedsore Injuries
Bedsores, also known as pressure ulcers, are classified into four stages based on severity:
- Stage 1: The skin is intact but appears red and does not turn white when pressed. It may feel warm, firm, or painful, indicating the early onset of tissue damage.
- Stage 2: The skin breaks open, forming a shallow wound, blister, or sore. There is partial-thickness skin loss, increasing the risk of infection.
- Stage 3: The sore deepens into the underlying tissues, creating a crater-like wound. Full-thickness skin loss occurs, exposing fat, with possible infection and dead tissue (necrosis).
- Stage 4: The most severe stage, where the wound extends into muscle, bone, or tendons, often with significant necrosis, infection, and a high risk of complications like sepsis.
Higher-stage bedsores require intensive medical treatment and are more likely to lead to higher settlement amounts due to the degree of negligence and long-term damages.
2. Medical Expenses / Pain & Suffering
The cost of treating bedsores, including hospitalization, surgery (such as debridement or skin grafts), wound care, and long-term rehabilitation, significantly affects settlement amounts. Higher medical costs often lead to larger payouts. Bedsores can also cause extreme pain, infections, and emotional distress. Settlements consider the victim’s suffering, including reduced quality of life and mental anguish, which can increase compensation.
Example: A Stage IV bedsore results in chronic pain, infections, and mental distress. A multiplier of 3 to 5 times medical costs is used for non-economic damages.
- Calculation: If medical costs are $100,000, pain and suffering could be $300,000 – $500,000.
- Example Settlement: $400,000 – $600,000.
3. Wrongful Death
If the bedsore leads to fatal complications such as sepsis, the case maybe become a wrongful death lawsuit, often increasing settlement amounts significantly due to loss of life and the emotional and financial impact on the surviving family members.
Example: A patient dies from sepsis due to an untreated bedsore. The family sues for loss of companionship, medical costs, and funeral expenses.
- Settlement Estimate: Wrongful death cases often exceed $500,000, depending on economic and non-economic losses.
- Example Settlement: $500,000 – $3,000,000.
4. Age and Overall Health of the Victim
Younger or healthier individuals who suffer long-term disability due to bedsores may receive higher settlements due to longer life expectancy and ongoing care costs, while older patients may see lower settlements.
Example: A previously healthy 60-year-old patient develops a Stage IV bedsore, leading to permanent disability. The court considers life expectancy and future care costs.
- Settlement Estimate: Higher settlements for younger victims due to long-term suffering.
- Example Settlement: $750,000 – $1,500,000.
5. Additional Factors
Evidence of Negligence: If a facility or caregiver fails to prevent or properly treat bedsores, settlements increase significantly. Clear evidence, such as lack of repositioning or poor hygiene, strengthens the case.
Facility’s History of Violations: If the nursing home has a record of past negligence, it can lead to higher settlements or punitive damages. Regulatory violations increase liability.
Legal Representation and Case Strength: Strong legal representation can secure higher settlements or jury awards, especially if gross negligence is proven.
Bedsore Lawsuit & Settlement Statistics
Case & Plaintiff Information
| Total Cases Analyzed | Mean Plaintiff Age | Male Plaintiffs (%) | Female Plaintiffs (%) |
|---|---|---|---|
| 141 | 72.5 years | 52.5% | 47.5% |
Lawsuit Types
| Negligence (%) | Malpractice (%) |
|---|---|
| 75.9% | 22.7% |
Defendants in Lawsuits
| Hospitals (%) | Nursing Homes (%) | Individual Providers (%) |
|---|---|---|
| 61.7% | 31.2% | 7.1% |
Case Outcomes
| Settlement Rate (%) | Plaintiff Wins (%) | Defendant Wins (%) |
|---|---|---|
| 25.5% | 34.8% | 36.2% |
Winning Verdict Rates by Defendant Type
| Defendant Type | Winning Verdict Rate (%) |
|---|---|
| Individual Providers | 80% |
| Hospitals | 37.2% |
| Nursing Homes | 25% |
Average Payouts for Losing Defendants
| Defendant Type | Mean Payout ± Standard Deviation |
|---|---|
| Individual Providers | $400,000 ± $141,420 |
| Hospitals | $1,596,705 ± $2,481,178 |
| Nursing Homes | $4,006,509 ± $7,755,644 |
Recover Compensation From Bedsore Injuries With Help From Brown & Crouppen Law Firm
The nursing home abuse and neglect attorneys at Brown & Crouppen can help you answer legal questions, build a strong case, and help you recover compensation for damages.
With over $1 billion recovered for our clients as a result of verdicts and settlements, and conveniently located offices in St. Louis and Kansas City, our legal team can help provide the experience and support needed for your case. Get started by calling (800) 536-4357 or request a free case evaluation online.
