ICU Pressure Ulcer Negligence Medical Malpractice in Chicago

When a patient enters an ICU at a Chicago hospital, they are placing complete trust in the medical team caring for them. They cannot reposition themselves. They cannot speak up when their skin begins to break down. They depend entirely on nurses, physicians, and support staff to monitor them, move them, and protect them from harm. When that team fails to prevent a pressure ulcer, or allows one to worsen into a life-threatening wound, the law may hold them accountable. If you or someone you love suffered a serious pressure ulcer in a Chicago-area intensive care unit, Briskman Briskman & Greenberg wants to hear your story. As a Chicago personal injury lawyer firm with decades of experience handling complex medical negligence cases, we fight for patients and families who have been failed by the very people responsible for their care.

Table of Contents

• What ICU Pressure Ulcers Are and Why They Are a Patient Safety Crisis
• How ICU Pressure Ulcer Negligence Qualifies as Medical Malpractice in Illinois
• Illinois Laws That Govern ICU Pressure Ulcer Malpractice Claims
• What Families Must Prove and What Evidence Supports an ICU Pressure Ulcer Case
• Who Can Be Held Liable for ICU Pressure Ulcers at Chicago Hospitals
• Why Chicago Families Choose Briskman Briskman & Greenberg for ICU Malpractice Cases
• FAQs About ICU Pressure Ulcer Negligence Medical Malpractice in Chicago

What ICU Pressure Ulcers Are and Why They Are a Patient Safety Crisis

A pressure ulcer, also called a pressure injury or bedsore, is a wound that develops when sustained pressure cuts off blood flow to the skin and the tissue beneath it. In an ICU setting, patients are especially vulnerable. They are sedated, mechanically ventilated, connected to monitoring devices, and unable to shift their own weight. Without regular repositioning and skin assessment, tissue begins to break down within hours.

The prevalence of pressure ulcers in ICU patients is reported to be between 5% and 30%, with the intensive care unit having the highest incidence among healthcare units. That is not a minor side effect of illness. It is a known, measurable, and largely preventable harm.

Critical care patients demonstrated overall pressure injury prevalence of 14.3% and a hospital-acquired pressure injury prevalence of 5.85%, rates that are notably higher than those seen in general acute care settings. These numbers represent real patients, real wounds, and real suffering that proper care protocols are designed to prevent.

Pressure ulcers are classified in stages. Stage 1 involves redness that does not fade. Stage 2 involves partial skin loss. Stage 3 reaches into the fat layer beneath the skin. Stage 4 exposes muscle or bone. Unstageable wounds are covered by dead tissue. Each stage represents a failure that happened before the one that followed it. The sacrum and heels are the most commonly affected areas, with Category 2 pressure ulcers being the most frequent. These are exactly the areas ICU nurses are trained to monitor and protect.

When a patient in a Chicago hospital’s intensive care unit develops a severe pressure ulcer, the question is not just medical. It is legal. Did the care team follow the standard of care? Did they assess the patient’s risk, reposition them on schedule, use appropriate pressure-relieving surfaces, and document their observations? If the answer to any of those questions is no, a medical malpractice claim may be available.

How ICU Pressure Ulcer Negligence Qualifies as Medical Malpractice in Illinois

Medical malpractice occurs when a healthcare provider fails to meet the standard of care expected of a reasonably competent professional in the same field, and that failure causes harm to a patient. In Illinois, this principle is rooted in the common law of negligence and is applied through the courts of Cook County and across the state.

Four elements must be proven to succeed in an Illinois medical malpractice claim. First, there must be a duty of care, which exists the moment a patient is admitted and a provider-patient relationship is formed. Second, the provider must have breached that duty by falling below the accepted standard of care. Third, the breach must have directly caused the patient’s harm. Fourth, the patient must have suffered actual, measurable damages as a result.

In an ICU pressure ulcer case, the breach often involves failures in nursing care, physician oversight, or hospital policy. Nurses have a professional obligation to use validated tools, such as the Braden Scale, to assess a patient’s pressure ulcer risk on admission and at regular intervals. They are required to reposition immobile patients at least every two hours, inspect the skin during every assessment, and escalate concerns to the attending physician. Failure to perform these basic nursing assessments is a recognized form of negligence.

Physicians and intensivists also carry responsibility. If a wound is developing and the care team fails to notify the attending physician of the patient’s deteriorating skin condition, that is a separate failure. If the physician is notified but does not order appropriate wound care or a consult with a wound care specialist, that too can constitute negligence. Hospitals themselves can be held liable when their policies, staffing levels, or training programs fall below what is required to protect patients.

Illinois courts have consistently recognized that hospital-acquired pressure ulcers in critically ill patients are not an inevitable consequence of serious illness. They are a foreseeable harm that trained professionals are specifically equipped to prevent. When that prevention fails, the law provides a path to accountability.

Illinois Laws That Govern ICU Pressure Ulcer Malpractice Claims

Several specific Illinois statutes govern how a pressure ulcer malpractice case is filed, pursued, and resolved. Understanding these laws is the first step toward protecting your rights.

The statute of limitations is the most urgent issue. Under 735 ILCS 5/13-212(a), an Illinois medical malpractice action generally must be brought within two years after the claimant knew, or through reasonable diligence should have known, of the injury or death for which damages are sought. In most cases, the deadline is two years from when the patient knew or reasonably should have known of the injury and its connection to medical care, but there is usually a four-year outside limit from the act or omission. Missing either deadline can permanently bar your claim, regardless of how strong the evidence is.

Before filing, Illinois law requires a specific procedural step. Under 735 ILCS 5/2-622, Illinois law requires plaintiffs to attach a sworn affidavit and a written health professional’s report to their medical malpractice complaint. This procedural requirement, often called the “affidavit of merit,” serves as an early screening mechanism confirming that a qualified health professional has reviewed the facts and believes the claim has merit. A separate written report is required for each defendant named in the lawsuit.

When it comes to damages, Illinois law under 735 ILCS 5/2-1115 prohibits punitive damages in healing art malpractice cases. However, compensatory damages, including past and future medical expenses, lost wages, and pain and suffering, remain fully recoverable. If the pressure ulcer caused death, a wrongful death claim may be brought under the Illinois Wrongful Death Act, 740 ILCS 180, which allows the deceased’s estate to pursue damages on behalf of surviving family members.

Under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally responsible for the plaintiff’s past and future medical expenses. Any defendant whose share of fault is 25% or greater is jointly and severally liable for all other damages as well. This matters in ICU cases where multiple parties, including the hospital, attending physician, and nursing staff, may each share responsibility for the harm.

Attorney fees in medical malpractice cases are governed by 735 ILCS 5/2-1114, which caps contingent fees at 33 and one-third percent of all sums recovered. At Briskman Briskman & Greenberg, we handle medical malpractice cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. You may still be responsible for case costs and expenses, which we will discuss with you during your free consultation.

What Families Must Prove and What Evidence Supports an ICU Pressure Ulcer Case

Proving an ICU pressure ulcer malpractice case requires medical evidence, expert testimony, and a thorough review of the hospital’s own records. These cases are document-intensive, and the evidence often tells a clear story if you know where to look.

Medical records are the foundation. Nursing notes, physician orders, wound care documentation, skin assessment forms, and repositioning logs all reflect whether the care team followed proper protocols. If repositioning was supposed to happen every two hours but the logs show four-hour gaps, that is evidence of a breach. If the Braden Scale was never completed on admission, that is another red flag. If a wound was noted in the records but no physician was notified, that points to a failure to escalate care.

Photographs are powerful evidence. Family members who visited a loved one in the ICU and noticed worsening skin conditions should preserve any photos they took. Dates and times matter. A wound that went from redness to an open sore over the course of a week, with no documented intervention, tells a compelling story of neglect.

Expert testimony is required under Illinois law. The affidavit of merit under 735 ILCS 5/2-622 must be supported by a written report from a qualified health professional who has reviewed the records and concluded that there is a reasonable and meritorious basis for the claim. In ICU pressure ulcer cases, this expert is typically a wound care nurse, a critical care physician, or a nursing expert who can testify about the standard of care and how it was violated.

Damages in these cases can be substantial. In the United States, around 2.5 million pressure ulcers are treated annually at a cost of 11 billion dollars, presenting a costly and challenging issue for healthcare systems. For individual patients, the costs include additional surgeries, wound debridement, skin grafting, extended hospitalizations, home health care, and in severe cases, treatment for sepsis or osteomyelitis. Pain and suffering damages reflect the real human cost of what the patient endured.

Working with an experienced medical malpractice lawyer from the start ensures that evidence is preserved, experts are retained, and deadlines are met. Hospitals and their insurers begin building their defense immediately. Your legal team should do the same.

Who Can Be Held Liable for ICU Pressure Ulcers at Chicago Hospitals

Liability in an ICU pressure ulcer case rarely falls on just one person. The intensive care environment involves a team of providers, and when a wound develops and worsens, multiple parties may share responsibility.

Bedside nurses are often at the center of these cases. They are the ones performing skin assessments, repositioning patients, applying protective dressings, and documenting care. When those tasks are skipped, delayed, or improperly performed, nursing negligence may be the primary cause of the injury. Chicago’s major medical centers, including those along the Illinois Medical District on the Near West Side, employ hundreds of ICU nurses who are expected to follow evidence-based protocols for pressure ulcer prevention.

Attending physicians and intensivists also carry responsibility. If a wound develops and the physician is not notified, or if the physician is notified but fails to order appropriate treatment or a wound care consultation, that failure may constitute medical negligence. The same applies to hospitalists and specialists who round on ICU patients and document their condition.

Hospitals bear institutional responsibility as well. If a hospital fails to maintain adequate nurse-to-patient ratios in the ICU, fails to provide pressure-relieving mattresses and positioning equipment, or fails to train its staff on current wound prevention protocols, the institution itself can be named as a defendant. Illinois law allows claims against hospitals as corporate entities, not just against individual providers.

In some cases, a wound care consultant or a specialist brought in to treat a developing ulcer may also bear liability if their treatment decisions fell below the standard of care. Cases involving multiple defendants benefit from the joint and several liability framework under 735 ILCS 5/2-1117, which ensures that a patient is not left without full compensation simply because fault is divided among several parties.

If you are unsure who is responsible for your loved one’s injuries, a skilled medical malpractice attorney can review the records and identify every party whose conduct contributed to the harm. Briskman Briskman & Greenberg conducts thorough investigations to make sure no responsible party escapes accountability.

Why Chicago Families Choose Briskman Briskman & Greenberg for ICU Malpractice Cases

ICU pressure ulcer cases are among the most complex medical malpractice matters handled in Illinois courts. They require a deep understanding of critical care nursing standards, wound staging, hospital policies, and the medical records systems that document, or fail to document, the care that was given. They also require attorneys who are willing to go up against large hospital systems and their well-funded defense teams.

Briskman Briskman & Greenberg has spent decades representing injured patients and their families throughout the Chicago area and across Illinois. Our firm handles cases in Cook County Circuit Court, which sits in the Richard J. Daley Center in the heart of the Loop, as well as in federal and state courts throughout the region. We know the courts, we know the process, and we know what it takes to build a case that holds hospitals and providers accountable.

We take ICU pressure ulcer cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. Under 735 ILCS 5/2-1114, our contingent fee is capped at 33 and one-third percent of all sums recovered. You may still be responsible for case-related costs and expenses, and we will walk you through those details during your consultation so there are no surprises.

If your loved one is still hospitalized or has recently been discharged, time is critical. The statute of limitations under 735 ILCS 5/13-212 begins running from the date you knew or should have known of the injury and its connection to negligent care. Waiting too long can permanently close the door on your claim. The sooner you contact us, the sooner we can begin preserving evidence, securing records, and retaining the experts needed to build your case.

Our firm also handles related ICU negligence matters, including ventilator management errors, failure to recognize sepsis in the ICU, critical care monitoring failures, and ICU medication errors. If your loved one suffered multiple harms during an ICU stay, we can evaluate the full picture and pursue every available claim on your behalf.

Families across Chicago, from Lincoln Park to Beverly, from Wicker Park to the South Loop, have trusted Briskman Briskman & Greenberg to fight for them when the medical system let them down. We are ready to do the same for you. Call us today at (312) 222-0010 for a free, no-obligation consultation. You can also reach an medical malpractice attorney on our team who will listen to your situation and give you honest answers about your legal options. Briskman Briskman & Greenberg is located at 205 W Randolph St., Suite 925, Chicago, IL 60606, and we serve clients throughout the greater Chicago metropolitan area and across Illinois. If you are outside the city, our team also assists clients through our medical malpractice attorney and medical malpractice lawyer resources across the state.

FAQs About ICU Pressure Ulcer Negligence Medical Malpractice in Chicago

Can a hospital-acquired pressure ulcer in the ICU really be the basis of a medical malpractice lawsuit?

Yes. A hospital-acquired pressure ulcer can absolutely support a medical malpractice claim when it results from a failure to meet the standard of care. ICU nurses and physicians are trained to assess pressure ulcer risk, reposition patients regularly, use appropriate protective equipment, and document their interventions. When those steps are skipped or performed inadequately, and a patient develops a serious wound as a result, Illinois law allows the patient or their family to pursue compensation. The key is showing that a reasonably competent care team would have prevented the injury under the same circumstances.

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

Under 735 ILCS 5/13-212(a), you generally have two years from the date you knew or reasonably should have known that your injury was connected to negligent medical care. There is also an absolute four-year limit from the date of the negligent act, regardless of when you discovered the harm. These deadlines are strict, and missing them can permanently bar your claim. If the patient died from complications related to the pressure ulcer, a wrongful death claim under the Illinois Wrongful Death Act, 740 ILCS 180, must generally be filed within two years of the date of death. Contact an attorney as soon as possible to protect your rights.

Who can be sued in an ICU pressure ulcer malpractice case?

Multiple parties can be held liable, depending on the facts of the case. Bedside nurses who failed to perform skin assessments or reposition the patient may be named as defendants. Attending physicians or intensivists who were not notified of a developing wound, or who failed to order appropriate treatment, can also face liability. The hospital itself can be sued as an institution if inadequate staffing, equipment, or training contributed to the harm. Under 735 ILCS 5/2-1117, defendants whose share of fault is 25% or greater are jointly and severally liable for all damages, which protects patients when fault is shared among multiple parties.

What damages can my family recover in an ICU pressure ulcer malpractice case?

Recoverable damages include past and future medical expenses related to wound treatment, additional surgeries, skin grafting, rehabilitation, and home health care. Lost wages and loss of earning capacity are also recoverable if the patient survived but was unable to return to work. Pain and suffering damages compensate for the physical pain and emotional distress caused by the wound and its treatment. If the patient died, the Illinois Wrongful Death Act, 740 ILCS 180, allows surviving family members to recover for grief, loss of companionship, and financial losses. Illinois law under 735 ILCS 5/2-1115 does not allow punitive damages in healing art malpractice cases, but compensatory damages can be substantial. Every case is different, and past results do not guarantee a similar outcome in your case.

What should I do right now if I think my loved one developed a pressure ulcer due to ICU negligence?

Start by requesting a complete copy of all medical records, including nursing notes, physician orders, skin assessment forms, wound care documentation, and repositioning logs. Preserve any photographs of the wound taken during the hospitalization. Write down everything you observed, including dates, times, and the names of any staff members you spoke with. Do not sign any releases or settlement agreements with the hospital or its insurer before speaking with an attorney. Contact Briskman Briskman & Greenberg at (312) 222-0010 for a free consultation. We will review the records, connect with qualified medical experts, and give you an honest assessment of your claim.

More Resources About Intensive Care Unit (ICU) Negligence

• ICU Medical Malpractice in Chicago
• Ventilator Management Errors Medical Malpractice in Chicago
• Failure to Recognize Sepsis in ICU Medical Malpractice in Chicago
• Critical Care Monitoring Errors Medical Malpractice in Chicago
• Failure to Respond to ICU Emergencies Medical Malpractice in Chicago
• ICU Medication Errors Medical Malpractice in Chicago