A bedsore, also called a pressure ulcer or pressure injury, is one of the clearest warning signs that a nursing home is not providing basic care. These wounds develop when a resident is left in one position too long and pressure cuts off blood flow to the skin, usually over the tailbone, hips, heels, and shoulder blades. In most cases they are preventable with routine repositioning, skin checks, nutrition, and moisture control. When a resident develops a deep wound, the question is almost always why staff did not do those things.
The Four Stages
- Stage 1: Red or discolored skin that does not blanch when pressed. Painful but intact.
- Stage 2: The skin breaks open, forming a shallow wound or blister.
- Stage 3: The wound extends through the skin into the fat below.
- Stage 4: The wound reaches muscle, tendon, or bone. Infection, sepsis, and death are real risks.
A stage 3 or 4 wound does not form overnight. It reflects days or weeks of missed care.
Why Bedsores Happen: Understaffing
Bedsores are a staffing problem. Repositioning an immobile resident every two hours, checking skin daily, and keeping residents clean and dry takes people. Florida’s minimum staffing law, section 400.23(3), Florida Statutes, requires at least 2.0 hours of certified nursing assistant care and 1.0 hour of licensed nurse care per resident per day, and a weekly average of 3.6 hours of direct care per resident per day. The CNA minimum was reduced from 2.5 hours in 2022, and facilities may count other staff toward the total. Many facilities run at or below the minimum. Staffing records, which facilities must keep, often show the gap between what the resident needed and what the facility provided.
Florida’s Residents’ Rights Law
Florida gives every nursing home resident enforceable rights under section 400.022, Florida Statutes, including the right to receive adequate and appropriate health care and the right to be free from abuse and neglect. When a facility violates those rights and a resident is harmed, the resident, or the resident’s guardian or estate, may bring a civil action under section 400.023. If the neglect contributed to the resident’s death, the estate can pursue a wrongful death claim.
Before filing suit, Florida requires written notice to the facility and a 75-day presuit period (section 400.0233), during which the facility must evaluate the claim. The deadline to file is generally two years from when the injury occurred or was discovered, and no more than four years from the incident, with a limited extension if the facility concealed what happened (section 400.0236).
Warning Signs for Families
- Red, purple, or broken skin over bony areas
- A resident who is always in the same position when you visit
- Unexplained weight loss, dehydration, or soiled bedding
- Strong odors, which can indicate an infected wound
- Staff who cannot tell you when the resident was last turned
- A sudden hospital admission for “infection” or “sepsis”
What to Do
- Ask to see the wound and photograph it, with dates.
- Request the resident’s chart, including skin assessments, care plans, turning schedules, and weight records. Families with authority are entitled to them.
- Ask for the facility’s staffing records for the relevant period.
- Report the facility to the Florida Agency for Health Care Administration and, if the resident is in immediate danger, call the Florida Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873).
- Contact a lawyer before the records can be revised.
How The Injury Advocates Can Help
We represent residents and families in nursing home abuse and neglect cases across Broward, Miami-Dade, and Palm Beach counties. We obtain the chart and staffing records, work with wound care and nursing experts, and handle Florida’s presuit requirements. Your consultation is free, and you owe no fees or costs unless we win.
Frequently Asked Questions
Are bedsores always the nursing home’s fault?
Not always, but a stage 3 or 4 wound in a facility that was supposed to be repositioning and monitoring a resident is strong evidence of neglect. A small number of residents at the end of life can develop wounds despite good care, and the records show the difference.
Can we sue if our parent died from a bedsore infection?
Yes. The estate’s personal representative can bring a wrongful death claim based on the facility’s violation of the resident’s rights.
How long do we have?
Generally two years from when the injury occurred or was discovered, and no more than four years from the incident, plus a required presuit notice period.
Related: Learn more about our nursing home abuse and neglect practice.
Kweku Darfoor is the founder of The Injury Advocates (Darfoor Law Firm, P.A.) and a Florida personal injury attorney with more than a decade of experience representing seriously injured people and their families. This content is for general information and is not legal advice.
