What Is a Bedsore and Pressure Ulcer Case?

Bedsores (pressure ulcers) in nursing homes are almost always preventable. Developing a serious pressure ulcer is strong evidence of nursing home neglect. Our attorneys hold facilities accountable for this painful, dangerous condition.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Bedsore and Pressure Ulcer Lawyers in Georgia & South Carolina

Bedsores — also called pressure ulcers, pressure injuries, or decubitus ulcers — are one of the clearest indicators of nursing home neglect. These painful wounds develop when sustained pressure on the skin cuts off blood flow, causing tissue to break down and die. The Centers for Medicare and Medicaid Services (CMS) considers the development of an avoidable pressure ulcer to be a deficiency in care. Medical research confirms that nearly all bedsores are preventable with proper nursing care — repositioning, adequate nutrition, moisture management, and regular skin assessments.

At Roden Law, our attorneys represent nursing home residents and their families throughout Georgia and South Carolina who have suffered from bedsores caused by nursing home neglect. A Stage 3 or Stage 4 pressure ulcer is powerful evidence that a facility failed to provide basic care, and our attorneys pursue aggressive claims for maximum compensation.

Stages of Pressure Ulcers

Pressure ulcers are classified by severity:

  • Stage 1: Non-blanchable redness of intact skin — the earliest warning sign that pressure damage is occurring
  • Stage 2: Partial-thickness skin loss involving the epidermis and/or dermis — appears as an abrasion, blister, or shallow crater
  • Stage 3: Full-thickness skin loss involving damage to subcutaneous tissue — a deep crater that may extend to but not through the underlying fascia
  • Stage 4: Full-thickness skin loss with extensive destruction, tissue death, or damage to muscle, bone, or supporting structures — often accompanied by undermining and tunneling
  • Unstageable: The wound bed is covered by dead tissue (slough or eschar), preventing accurate staging until the wound is debrided

Stage 3 and Stage 4 bedsores are extremely painful, difficult to treat, take months to heal (if they heal at all), and frequently lead to life-threatening infections including sepsis.

How Nursing Home Neglect Causes Bedsores

Bedsores develop when staff fail to provide basic nursing care:

  • Failure to reposition: Immobile residents must be repositioned at least every two hours to relieve pressure on vulnerable areas — sacrum, heels, hips, and elbows. This is a fundamental nursing standard.
  • Inadequate nutrition and hydration: Malnourished and dehydrated residents have fragile skin that breaks down more easily and heals poorly
  • Failure to assess skin: Nursing standards require regular skin assessments, especially for immobile or incontinent residents. Early detection prevents progression.
  • Moisture mismanagement: Incontinence left unattended causes skin maceration, dramatically increasing pressure ulcer risk
  • Understaffing: The root cause — facilities without enough CNAs cannot reposition residents, change soiled linens, and perform skin checks frequently enough

Legal Standards and Nursing Home Bedsores

Federal regulations under the Nursing Home Reform Act require that a resident who enters a nursing home without pressure ulcers does not develop them unless clinically unavoidable, and that a resident with existing pressure ulcers receives treatment to promote healing and prevent infection. CMS surveyor guidance treats the development of an avoidable pressure ulcer as a care deficiency.

Georgia’s nursing home regulations under O.C.G.A. § 31-8-1 et seq. and South Carolina’s health facility licensing under S.C. Code § 44-7-110 et seq. incorporate these federal standards and impose additional state requirements for resident care quality.

Compensation for Bedsore Victims

Nursing home bedsore cases can result in substantial recoveries, including costs of hospitalization, wound care, and surgical treatment (including skin grafts and debridement), pain and suffering (Stage 3 and 4 bedsores are extremely painful), emotional distress and loss of quality of life, punitive damages for egregious neglect, and wrongful death damages when bedsore-related infections (sepsis) prove fatal. Courts and juries understand that serious bedsores are evidence of sustained, systemic neglect — not a single mistake — making these cases strong candidates for significant verdicts.

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What to Do After A bedsore and pressure ulcer

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Bedsore and Pressure Ulcer Case

To win a personal injury case involving a bedsore and pressure ulcer, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Bedsore and Pressure Ulcer Cases

Victims of a bedsore and pressure ulcer injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Bedsore and Pressure Ulcer Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Roden Law Bedsore and Pressure Ulcer Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated April 2026.

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Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

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