What if you have a bedsore that has not healed in 4 months?

UPDATED: Sep 30, 2022

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What if you have a bedsore that has not healed in 4 months?

I have been treated for a bedsore for over 4 months. I am currently being seen by a wound care nurse from the visiting nurses association. The sore was recently debriefed by a doctor but is still painful. I received stitches and there is a opening if the wound for draining. I was seen at a nursing home starting in September of 2016 for the wound. Nothing was done at the nursing home about the wound. What if any legal action can I pursue?

Asked on December 23, 2016 under Malpractice Law, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There may not be anything cost effective that you can do, other than report this to the state agency(ies) overseeing doctors and nursing homes (e.g. file a complaint). The problem is, medical malpratice suits are *very* expensive--you need to hire a medical expert to write a report and testify, and such experts can easily cost more than $1,500. You also effectively need an attorney (you are unlikely to win without one), increasing the cost, and will have other court and trial costs adding a few hundred dollars.
However, even if you win, all you'll get is the sum of:
1) the additional out-of-pocket (not paid by insurnace, Medicaid, or Medicare) medical costs this caused you;
2) lost wages, if any, due to this; and
3) probably (but not definitely) a *small* amount for pain and suffering--for what you describe, a few hundred to maybe a very few thousand dollars.
And that's if you win, which is not guaranteed. So you could spend thousands of dollars on a case most likely worth a few thousand at most...so you might break even, of if win but get a small judgment or lose, will come out behind. Medical malpractice cases are not worth it typically except for major injuries causing long term life impairment.

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