Find answers to frequently asked questions about bedsores and pressure sores here.

 

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Frequently asked questions

If the patient was at a hospital first and then a nursing home which do we sue?

It always depends on individual and medical circumstances but the possibility exists that both are liable and you may be compensated for your bedsores from both facilities. Often an injury begins in a hospital, may not be reported and/or is overlooked or neglected on intake at the second facility where it may get worse or lead to infection and other medical issues.



How much does it cost to sue?

There is no fee to you unless we win. When we accept a case we put in the financial resources and legal resources of our bedsore legal team because we are confident of a successful outcome based on the facts of the case. If we take on your case it’s because we see huge upside financial potential for the victim or family of the victim. We work on contingency—no upfront fee or time billed to you. When you win we get an agreed upon portion of the award.



My family wants to sue – does it take long? Does my dad have to appear in court?

Timing of a case varies. On the onset we may have hunders of pages of medical records to review with out legal and medical team. With expertise and experience and a hands-on approach we move swiftly. The size of our firm allows us to focus on cases so they don’t get lost in the shuffle. Unlike some other law firms, our legal team of attorneys, paralegals, research assistants, medical experts and more, have the experience and knowledge to work seamlessly and avoid time lags. Many times cases are seåttled before even going to court. Of course, the plaintiff has a say in this decision and act on behalf of our clients decisions and best interests.



Do I need money to sue-what does contingency mean?

No fee to sue. You will not need to lay out any money in advance or even after beginning your lawsuit. We handle all of our bedsore and pressure sore negligence or malpractice cases on a contingency fee basis. That means that we only charge a legal fee if we are successful and recover money for you. Our fee is typically 33 1/3% of the net recovery (the industry standard) after the costs and disbursements that we advance are deducted. With a free consultation, and our firm having the financial and legal resources, a contingency fee arrangement allows those of limited wealth and those of wealth to have the same access to the best NY legal representation for a bedsore lawsuit.



What if the patient is too ill to appear in court? Or deceased?

This is not an issue and often the case with bedsore victims. For bedsore and pressure sore lawsuits there’s a legal team that includes experienced bedsore litigators, and medical professionals that can testify based on patient medical records and treatment or lack of and improper treatment. We have expert witnesses that look into hospital procedures, policy and practices and determine if any federal violations were evident or standards of procedure were not met. Medical records and pictures of wounds are used.



Do I have a malpractice case or negligence case?

A case may be medical malpractice on behalf of a facility or doctor. There may be hospital negligence and nursing home liability as well. In unfortunate and sad circumstances it may be a wrongful death lawsuit, where a family member or loved one may have the right to recover money for their loss. Our team of bedsore experts will help determine the best options for for your bedsore or pressure sore, decubitis ulcer lawsuit.



Patients have the right to proper treatment and to get justice for the pain and suffering pressure sores and bedsores have caused.

 

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Bedsore Hotline is a division of the premier elder law firm Raphan Law Partners, LLP 

 

The information on this site is not, nor is it intended to be legal advice and does not automatically create an attorney/client relationship. Some bed sore cases may be referred to or partnered with our associates with full disclosure to potential client before we accept a case and enter into a working relationship with client.