Failure to Prevent Pressure Ulcers Medical Malpractice in Chicago

A pressure ulcer, also called a bedsore or decubitus ulcer, is a wound that forms when prolonged pressure cuts off blood supply to the skin and underlying tissue. These injuries are painful, dangerous, and in most cases preventable with proper nursing care. When a hospital, nursing home, or other care facility in Chicago fails to take basic steps to protect a vulnerable patient, that failure can rise to the level of medical malpractice. If your loved one developed a serious pressure ulcer while under professional care, you may have a legal claim, and Briskman Briskman & Greenberg is ready to help you understand your rights.

Table of Contents

• What Pressure Ulcers Are and Why They Develop Under Medical Care
• How Failure to Prevent Pressure Ulcers Becomes Medical Malpractice in Illinois
• Illinois Laws That Govern Pressure Ulcer Malpractice Claims
• What You Must Prove in a Chicago Pressure Ulcer Malpractice Case
• The Role of Documentation and Expert Witnesses in Pressure Ulcer Cases
• Serious Complications That Result From Untreated or Neglected Pressure Ulcers
• How Briskman Briskman & Greenberg Handles Pressure Ulcer Malpractice Cases in Chicago
• FAQs About Failure to Prevent Pressure Ulcers Medical Malpractice in Chicago

What Pressure Ulcers Are and Why They Develop Under Medical Care

Pressure ulcers form when skin stays pressed against a surface, like a bed or wheelchair, for too long without relief. The pressure cuts off the blood supply to the area, leading to damage or death of the skin and underlying tissue. Without blood flow, tissue breaks down quickly. What begins as redness can become a deep, infected wound within hours.

Medical professionals classify pressure ulcers in four stages based on severity. Stage 1 shows persistent redness of skin; Stage 2 involves a loss of partial thickness of skin appearing as an abrasion, blister, or shallow crater; Stage 3 presents as a deep crater with full thickness skin loss; and Stage 4 exposes muscle or bone. By the time a wound reaches Stage 3 or Stage 4, the damage is serious and the treatment is complex.

It is estimated that the prevalence of pressure ulcers in inpatients is around 5 to 15 percent, but in intensive care units and long-term care facilities it is significantly higher. Patients in Chicago hospitals, rehabilitation centers, and nursing homes across neighborhoods like Logan Square, Pilsen, and Bridgeport are all at risk when care staff fail to follow basic prevention protocols.

Categories of patients at increased risk include elderly persons and those with decreased mobility or sensitivity who are usually bedridden or wheelchair-bound. Risk factors also include diabetes, poor nutrition, dehydration, incontinence, and conditions that affect circulation. Patients recovering from surgery in facilities near the Illinois Medical District on the Near West Side face these risks every day.

The key point is this: pressure ulcers are not an inevitable result of illness. The literature suggests that not all pressure ulcers can be prevented, but the use of comprehensive pressure ulcer programs can prevent the majority of pressure ulcers. When a facility lacks such a program, or ignores it, that is where legal liability begins.

How Failure to Prevent Pressure Ulcers Becomes Medical Malpractice in Illinois

Not every pressure ulcer automatically means malpractice occurred. The legal question is whether the care team met the accepted standard of care. In Illinois, medical malpractice is defined as a deviation from the standard that a reasonably competent healthcare provider would have followed under the same circumstances. When a facility fails that standard and a patient is harmed, the law provides a path to compensation.

One of the first responsibilities of healthcare providers is to assess a patient’s risk of developing pressure ulcers. This involves evaluating factors like mobility, overall health, age, nutritional status, and circulation. If facilities fail to assess risk, they may fail to provide the necessary standard of care.

After a risk assessment, staff must act on it. After assessing the risk, the next step is to implement a care plan tailored to prevent the development of pressure ulcers. This plan may include regular patient repositioning, using special mattresses or cushions, ensuring proper nutrition and hydration, and skin care management. A lack of a sufficient plan for the patient’s needs can constitute malpractice.

When ulcers do begin to form, the response matters too. A timely and appropriate medical response is necessary when pressure ulcers begin to develop. This includes treating the ulcers to prevent further deterioration and adjusting the care plan to address the underlying issues causing the ulcers. Neglecting to respond adequately or promptly can exacerbate the condition, potentially leading to more severe health complications.

The Centers for Medicare and Medicaid Services (CMS) classifies Stage 3 and Stage 4 pressure ulcers acquired in a hospital as Hospital Acquired Conditions, recognizing that in acute care, CMS states pressure ulcers are “reasonably preventable.” This federal standard directly informs what courts and juries in Cook County expect from care providers. A Chicago personal injury lawyer at Briskman Briskman & Greenberg can help you evaluate whether the care your loved one received fell below this standard.

Illinois Laws That Govern Pressure Ulcer Malpractice Claims

Illinois has specific procedural and substantive rules that shape every medical malpractice case, including those involving pressure ulcers. Understanding these rules before you file is essential.

Under the Illinois Code of Civil Procedure, Section 735 ILCS 5/2-622, known as the Healing Art Malpractice statute, a plaintiff must file a certificate of merit with the original complaint. This certificate requires an attorney to attach an affidavit confirming that a qualified health professional has reviewed the case, examined the medical records, and determined there is a reasonable and meritorious basis for the claim. The reviewing professional must have practiced or taught in the same area of healthcare within the last six years. This requirement exists to screen out frivolous claims and ensure that real cases move forward with medical backing from day one.

The Illinois Nursing Home Care Act, 210 ILCS 45/, provides additional protections for residents of long-term care facilities. Illinois law provides specific protections for nursing home residents under the Illinois Nursing Home Care Act (210 ILCS 45/). This statute requires facilities to provide adequate care, and failure to prevent avoidable pressure ulcers may violate the Act and form the basis of a legal claim. This statute applies directly to facilities throughout the Chicago metro area, from the North Shore to the South Side.

Under Section 735 ILCS 5/2-1117 of the Illinois Code of Civil Procedure, which governs joint liability, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical expenses. Any defendant whose share of fault is 25 percent or greater is jointly and severally liable for all other damages as well. This matters in pressure ulcer cases because multiple parties, such as a hospital, a nursing home, and individual nurses, may all share responsibility for a patient’s injuries.

Under Section 735 ILCS 5/2-1114, attorney contingency fees in Illinois medical malpractice cases are capped at 33 and one-third percent of all sums recovered. This means you can pursue your claim without paying anything out of pocket upfront. An experienced medical malpractice attorney at Briskman Briskman & Greenberg can walk you through exactly how these rules apply to your family’s situation.

What You Must Prove in a Chicago Pressure Ulcer Malpractice Case

To succeed in a pressure ulcer malpractice case in Illinois, you must establish four elements: duty, breach, causation, and damages. Each one requires evidence, and each one can be contested by the defense.

Duty is straightforward. When a hospital, nursing home, or care facility admits a patient, it assumes a legal duty to provide care that meets accepted medical standards. That duty extends to every nurse, physician, and aide involved in the patient’s care.

Breach means the care team failed to meet that duty. Common breaches in pressure ulcer cases include failing to conduct a risk assessment on admission, not repositioning a patient at regular intervals, ignoring early warning signs like skin redness, and failing to use pressure-relieving equipment. Regular repositioning of patients, maintaining good skin hygiene, and ensuring proper nutrition are key preventative measures. Medical staff should inspect vulnerable areas daily, such as heels, hips, and tailbone, for any signs of redness or irritation. Skipping these steps is a breach of duty.

Causation requires showing that the breach directly caused the injury. Defense attorneys often argue that a patient’s underlying health conditions caused the ulcer. Your legal team must counter this with medical expert testimony showing that proper care would have prevented or significantly limited the wound.

Damages are the measurable harms you suffered. These include medical bills for wound treatment, surgery, and infection management, as well as pain and suffering, lost wages if a caregiver had to leave work, and in the most tragic cases, wrongful death damages under the Illinois Wrongful Death Act, 740 ILCS 180/1. Under Section 735 ILCS 5/2-1115, punitive damages are not available in healing art malpractice cases in Illinois, but economic and non-economic damages remain fully recoverable. A medical malpractice lawyer can help you build the evidence needed to support each element of your claim.

The Role of Documentation and Expert Witnesses in Pressure Ulcer Cases

Medical records are the foundation of every pressure ulcer malpractice case. They show what the care team knew, when they knew it, and what they did or failed to do. Documentation plays a critical role in these claims, as medical records can reveal whether proper preventative measures were consistently followed. Expert evaluations are often used to determine if the standard of care was met and to establish whether earlier intervention could have prevented the injury.

Nursing notes, skin assessment logs, turning and repositioning schedules, wound care records, and physician orders all become evidence. When those records are missing, incomplete, or inconsistent with the patient’s actual condition, that gap itself can support a finding of negligence. In one study, nearly half of documented pressure ulcers were not graded, and patient records lacked information about pressure ulcers and preventive interventions. Poor documentation is not just a clinical failure. It is a legal one.

Under the 735 ILCS 5/2-622 certificate of merit requirement, your attorney must retain a qualified medical expert before the case is even filed. Expert witnesses can identify deviations from accepted standards of care, such as inadequate pressure relief, poor nutrition management, or lack of wound care that may have led to the ulcer. These experts testify about what a competent provider should have done and explain why the defendant’s actions fell short.

Expert witnesses in these cases often include wound care nurses, geriatricians, and critical care physicians. Decubitus ulcer care expert witnesses practice in fields including wound care, geriatrics, nursing home care, plastic surgery, and dermatology, with common specialties including pressure ulcer management, bed sore prevention, wound healing, infection control, and tissue viability. Their testimony is what translates complex medical facts into a clear picture for a Cook County jury.

Cases often involve multiple defendants, including the facility itself, individual nurses, attending physicians, and wound care consultants. Each party’s conduct is examined separately. The medical malpractice attorney you choose must be prepared to coordinate expert testimony across all of these roles and present a cohesive, evidence-based case in the Circuit Court of Cook County.

Serious Complications That Result From Untreated or Neglected Pressure Ulcers

A pressure ulcer that goes unaddressed does not simply stay the same. It worsens, and the consequences can be life-threatening. Advanced pressure ulcers can lead to deep tissue infections, sepsis, and even amputations. These outcomes are not only painful but often fatal for elderly or medically fragile individuals.

Sepsis is one of the most serious risks. When bacteria enter the bloodstream through an open wound, the body’s response can cause organ failure and death. Patients in ICUs who develop pressure ulcers face a compounded danger, since their immune systems are already compromised. This connects directly to the risks associated with ICU pressure ulcer negligence and hospital-acquired sepsis, both of which can stem from the same failure to protect a patient’s skin.

Stage IV ulcers can lead to sepsis and death. For families who have lost a loved one after a pressure ulcer progressed to sepsis while the patient was in a Chicago-area hospital or nursing home, the Illinois Wrongful Death Act, 740 ILCS 180/1, allows surviving family members to pursue damages. The law makes clear that a party who would have been liable for injury is equally liable when that injury results in death.

Beyond infection, untreated ulcers can destroy muscle and bone, require surgical debridement or amputation, and cause permanent disability. The financial and emotional toll on families is enormous. Patients who entered facilities like those near Rush University Medical Center or Northwestern Memorial Hospital expecting professional care deserve to leave without preventable wounds.

These injuries are not minor inconveniences. Being affected by a pressure ulcer involves both serious medical complications and a significant reduction in the quality of life. If your family member suffered these consequences because a facility failed to follow basic prevention protocols, you deserve answers. Contact Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation. A medical malpractice lawyer on our team will review your case and help you understand whether you have a valid claim under Illinois law.

How Briskman Briskman & Greenberg Handles Pressure Ulcer Malpractice Cases in Chicago

Briskman Briskman & Greenberg represents families throughout the Chicago area, including Cook, DuPage, and Lake Counties, in medical malpractice claims involving pressure ulcer negligence. Our firm handles these cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for you. Under Section 735 ILCS 5/2-1114, attorney fees in Illinois medical malpractice cases are capped at 33 and one-third percent of the total recovery, so you know exactly what to expect from the start.

When you contact us, we begin by gathering and reviewing all relevant medical records. We look at admission assessments, nursing notes, repositioning logs, wound care documentation, and physician orders. We identify where the care fell short and which parties bear responsibility. We then retain qualified medical experts to support the certificate of merit required under Section 735 ILCS 5/2-622 before filing your complaint.

Our team handles all communication with insurance companies and defense attorneys on your behalf. We understand how facilities and their insurers respond to these claims, and we know how to build a case that holds up in the Circuit Court of Cook County. Whether your case resolves through a negotiated settlement or goes to trial, we are prepared to fight for full and fair compensation.

Damages we pursue for our clients include past and future medical expenses, pain and suffering, loss of normal life, and wrongful death damages when applicable. We also pursue claims under the Illinois Nursing Home Care Act, 210 ILCS 45/, when the negligence occurred in a long-term care setting. If you are dealing with a situation involving nursing negligence alongside pressure ulcer failure, a medical malpractice attorney at our firm can evaluate all potential claims together.

Briskman Briskman & Greenberg is located at 205 W Randolph St., Suite 925, Chicago, IL 60606. Call us today at (312) 222-0010 to speak with a member of our legal team. We serve clients throughout Chicago and the surrounding suburbs, and we offer free initial consultations so you can get answers without any financial risk.

FAQs About Failure to Prevent Pressure Ulcers Medical Malpractice in Chicago

How do I know if my loved one’s pressure ulcer was caused by medical negligence?

A pressure ulcer may involve negligence if it developed while your loved one was under professional care and the facility failed to conduct a proper risk assessment, implement a prevention plan, or respond promptly when the wound began forming. Stage 3 or Stage 4 ulcers that developed during a hospital or nursing home stay are particularly strong indicators that something went wrong. A medical malpractice attorney can review the records and determine whether the care team’s actions fell below the accepted standard of care under Illinois law.

How long do I have to file a pressure ulcer malpractice claim in Illinois?

In Illinois, the statute of limitations for medical malpractice claims is generally two years from the date the patient knew or reasonably should have known about the injury and its connection to the medical care. There is also an overall four-year statute of repose from the date of the act or omission. These deadlines are strictly enforced, so it is important to contact an attorney as soon as possible to protect your right to file. Cases involving minors or fraudulent concealment of the injury may have different time limits.

Can I file a claim if my loved one died from complications of a pressure ulcer?

Yes. Under the Illinois Wrongful Death Act, 740 ILCS 180/1, surviving family members may file a wrongful death claim when a person dies as a result of another party’s negligence. If a pressure ulcer led to sepsis, organ failure, or another fatal complication because a facility failed to provide proper care, the family may be entitled to compensation for their loss. These claims are handled separately from personal injury claims but can be pursued alongside them in many circumstances.

What does it cost to hire Briskman Briskman & Greenberg for a pressure ulcer malpractice case?

Briskman Briskman & Greenberg handles medical malpractice cases on a contingency fee basis. You pay no attorney’s fees unless we recover compensation for you. Under Section 735 ILCS 5/2-1114 of the Illinois Code of Civil Procedure, contingency fees in medical malpractice cases are capped at 33 and one-third percent of all sums recovered. There is no charge for the initial consultation. Please note that while there are no attorney’s fees unless you recover, clients may still be responsible for certain case costs and expenses, and our team will explain these fully at the outset.

Can a nursing home be held liable for a pressure ulcer even if the patient had other serious health conditions?

Yes. A patient’s pre-existing health conditions do not eliminate a facility’s duty to prevent avoidable pressure ulcers. In fact, patients with complex medical conditions are precisely the ones who require the most vigilant preventive care. The Illinois Nursing Home Care Act, 210 ILCS 45/, requires facilities to provide adequate care regardless of a resident’s underlying health status. If the facility knew the patient was at high risk and failed to act accordingly, that failure can support a malpractice or negligence claim even when the patient had other serious conditions.