Decubitis ulcers, also known as pressure ulcers or bedsores, are localized injuries to the skin and/or underlying tissue usually over a bony prominence, as a result of pressure, or pressure in combination with shear and/or friction. Most commonly this will be the sacrum, coccyx, heels or the hips, but other sites such as the elbows, knees, ankles or the back of the cranium can be affected.[1]

Gaulbert Alvarez was 24 at the time he dove into a shallow pool and sustained neck injuries that left him paralyzed from the neck down.  After extensive medical treatment, including surgeries and physical therapy, he was transferred to a nursing home.  He began to develop bed sores which, over time, reached stage four ulcers.

Mr. Alvarex sued the nursing home in 2005 for the staff’s negligence in rendering care, specifically in their failure to properly place his body and to care for his skin.

A Bronx jury awarded, inter alia, pain and suffering damages of $750,000 ($500,000 for the past seven years and $250,000 for the next 42 years).

The First Department relied on two cases for guidance:  Parson v. Interfaith Medical Ctr. (2d Dep’t 1999) – $400,000 pain and suffering award reduced from $1,000,000 (stage four bed sores) and Kolbert v. Maplewood Healthcare Ctr. Inc – $500,000 pain and suffering award reduced from $1,500,000 (stage four ulcers).

Of particular nor, the jury was persuaded to award this large amount after finding that Mr. Alvarez was properly turned and positioned only 65% of his time at Beth Abraham Health Services Nursing Home.

If you have been injured due the negligence of a doctor, medical facility or health services company, call the Experienced Lawyers at the Ginarte Law Firm at 1-888-GINARTE today.  You may be entitled to money for your injuries.  We are ready to get started on your case today. Put our 150 years of combined experience to work for you!