Illinois Nursing Home Bedsores Attorneys

When families confront nursing homes regarding bedsores, many facilities employ defensive strategies to evade responsibility. Understanding these tactics empowers families and their attorneys to counter misleading claims and construct strong cases for accountability. Here are some of the most common defenses used by nursing homes and how experienced lawyers dismantle them:

“The condition was inevitable.” Nursing homes often argue that a resident’s condition—such as advanced age, preexisting illnesses, or immobility—made bedsores unavoidable. While certain health factors may complicate care, bedsores are nearly always preventable with proper attention. Attorneys counter this claim by demonstrating how specific actions or inactions contributed to the sores. For example, evidence that the staff failed to reposition the resident or provide adequate nutrition weakens the defense of inevitability.

“The family caused delays in reporting.” Facilities may blame families for failing to recognize or report issues like early-stage bedsores, shifting the focus away from the nursing home’s negligence. Attorneys refocus the case by emphasizing that caregiving staff are responsible for monitoring and addressing residents’ health conditions, regardless of family involvement.

“We provided acceptable standards of care.” Nursing homes may claim to follow the applicable state and federal standards. However, documentation and staffing records often tell a different story. With the assistance of experts, attorneys assess whether the facility adhered to protocols for repositioning, hygiene, and wound care. Any evidence of understaffing or failure to meet care plans may demonstrate that the facility fell below acceptable standards.

“The bedsores originated from a previous facility or hospital.” Another common defense is asserting that the bedsores were present before the resident began receiving care. Time-stamped medical records quickly counter this argument, demonstrating that the wounds developed and worsened while the individual was in the accused facility.

By preparing for these defenses, legal professionals see that families may hold nursing homes accountable, regardless of any excuses they present.