A pressure injury happens when sustained pressure, moisture, friction or shear damages skin and deeper tissue. Patients at risk can be identified early with standard tools, then protected through repositioning schedules, moisture control, nutrition support, pressure-relieving surfaces and prompt wound-care consultations. When these basics don’t happen, preventable wounds can progress fast and lead to infection or sepsis, which can be life-threatening.
The Agency for Healthcare Research and Quality (AHRQ) reports that more than 17,000 lawsuits related to bedsores/pressure ulcers are filed each year nationwide, making it the second-most common claim following wrongful death. AHRQ also notes that 60,000 patients die every year as a direct result of pressure ulcers. The Minnesota Department of Health (MDH) recorded 624 adverse health events in hospitals statewide in 2024, with 290 of these events being pressure sore injuries. Of these, 34 resulted in what was classified as serious injury.
Minnesota law recognizes strong patient and resident rights in licensed hospitals and other healthcare facilities, and federal rules set clear expectations for prevention and treatment. These frameworks create the foundation for a negligence, resident-rights or medical malpractice claim when a pressure injury develops or worsens due to substandard care.
The Minnesota bedsore lawyers at Florin|Roebig are ready to protect your legal rights when you or a loved one suffers a bedsore injury due to negligence or malpractice.
Understanding Bedsore Stages and Warning Signs
Clinicians classify pressure injuries by stage, from early non-blanching redness (redness that doesn’t disappear when pressure is applied) to deep wounds that expose muscle or bone. There are four stages of bedsores.
For accuracy in charting and legal review, staging should follow Centers for Medicare & Medicaid Services (CMS) guidance and related assessment materials used in hospitals and long-term care. Facilities also document whether a wound is “unstageable” or a “deep tissue” injury when appropriate.
You’ll most often see bedsores over bony areas like the tailbone, hips, heels, ankles, shoulder blades and back of the head. Early red flags include color changes that don’t fade with gentle pressure, warmth, tenderness and skin that feels firmer or softer than nearby tissue. Later, you might notice skin loss, drainage, odor, fever or increasing pain.
How Bedsores Happen in Minnesota Hospitals, Nursing Homes and Assisted Living Facilities
Five recurring failure points we see in Minnesota cases include:
- No timely risk assessment or prevention plan.
- Late or undocumented repositioning.
- Poor moisture, incontinence or device-related pressure management.
- Inadequate nutrition and hydration support or missed consultations.
- Delayed referral to wound-care specialists or transfer to higher care.
Are Bedsores Preventable? “Avoidable” vs. “Unavoidable”
Facilities sometimes claim a wound was unavoidable due to the resident’s condition. Under federal guidance found in section § 483.25 Quality of care of the Requirements for States and Long-Term Care Facilities, the question is whether the facility actually implemented appropriate prevention and, once a wound existed, provided treatment to promote healing, prevent infection and stop new wounds from forming. If the prevention or treatment steps weren’t done or weren’t done consistently, the “unavoidable” defense falls apart.
At Florin|Roebig, our evaluations compare what the chart claims to actual facts, taking into account wound photos and measurements over time, lab markers for infection, vitals, consultants’ notes and staffing and assignment records. When documentation and reality don’t match, juries notice.
Can You Sue a Hospital or Nursing Home for Bedsores in Minnesota?
Depending on where the pressure injury formed and who was responsible, you may be able to sue a hospital or nursing home for bedsores. Your case may proceed as:
- Medical malpractice against hospitals or clinicians for falling below the standard of care.
- Resident-rights and licensing-based claims against nursing homes or assisted living facilities for failing to provide safe, dignified and appropriate care.
Minnesota’s Patient Bill of Rights applies broadly to licensed facilities, while assisted living communities must follow Chapter 144G of the Minnesota Statutes and its Assisted Living Bill of Rights. Federal CMS expectations, which include pressure-injury prevention and treatment, often help establish the duty and breach elements in long-term care. We’ll choose the legal pathway that gives your claim the strongest leverage and best chance of success.
Remember, the MDH recorded 290 pressure ulcer events in hospitals and ambulatory surgery centers statewide in Minnesota in 2024, resulting in 34 serious injuries. However, Minnesota’s reportable category is Stage 3, Stage 4 or unstageable pressure injuries acquired after admission. MDH doesn’t publish statewide counts for less severe, Stage 1 and Stage 2 cases or totals across nursing homes and assisted living facilities, meaning these numbers are likely higher.
The Defendants: Who Can You Sue for Pressure Ulcers?
Bedsore cases often involve multiple responsible parties, including:
- Facility owner/operator: The company running the hospital or long-term care community.
- Management company: If day-to-day operations are outsourced, the management company’s policies and staffing decisions could make them liable.
- Staffing agencies or specialty contractors: Wound-care, nursing and therapy agencies can share liability for substandard care.
- Individual clinicians or the hospital system: Physicians, nurses and other healthcare providers whose acts or omissions allowed a wound to develop or worsen.
- Parent, corporate or related entities: Some chains layer ownership and insurance, so we map those relationships early to find all responsible parties.
The experienced Minnesota personal injury attorneys at Florin|Roebig will identify the correct targets by analyzing corporate structures, vendor agreements, payroll and assignment records and prior survey or enforcement histories from Minnesota regulators and CMS.
Deadlines and Pre-Suit Requirements: Why Speed Matters
How long you have to sue for medical malpractice hinges on a state’s statute of limitations. Minnesota’s statute of limitations for medical malpractice is generally four years from the date the action leading to the claim occurred.
Furthermore, Minnesota requires a certification of expert review, often called an expert affidavit, in cases alleging malpractice, errors or mistakes. In most cases, you must serve an initial affidavit when you file, then a detailed expert disclosure within 180 days.
If a wrongful death occurred due to a bedsore injury, Minnesota’s statute of limitations on wrongful death claims is only three years from the time of death. However, the suit must still come within four years of the actual personal injury event.
Missing filing requirements can lead to dismissal with prejudice, meaning you can’t file a claim. Different timing can apply for non-malpractice claims, so it’s crucial to speak with an experienced personal injury attorney at Florin|Roebig and determine the exact legal path early to ensure you don’t miss any vital filing deadlines that could bar your case.
Because electronic records, audit trails, staffing data and camera footage are time-sensitive, acting quickly also helps protect evidence and your rights.
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What Your Minnesota Case Must Prove
Every case is unique, but the core elements are the same. Your Minnesota personal injury bedsores claim must prove:
Duty: The facility and staff owed a duty to assess risk, prevent breakdown and treat pressure wounds promptly, which is grounded in Minnesota patient/resident rights, licensing rules and widely accepted clinical standards.
Breach: Missed turns, late wound consults, poor moisture control, lack of off-loading, inadequate nutrition or charting that doesn’t match bedside care can all represent a breach in the facility’s and staff’s duty.
Causation: We connect the dots with timelines, photo sets, wound measurements, lab results and expert analysis to demonstrate how a breach in duty caused your harm.
Damages: In addition to medical bills, claims often include pain and suffering, disability, loss of dignity, infection, sepsis, surgical debridement or amputation. If a loved one died due to complications, some survivors may pursue wrongful-death damages.
Evidence Florin|Roebig Secures Quickly
The evidence that proves neglect or medical malpractice can be lost, destroyed or impossible to retrieve, so it’s vital to act fast. To build leverage in your case, we work quickly to lock down:
- Complete Electronic Medical Records (EMR) with audit trails showing who accessed, edited, deleted or updated entries, and when.
- Wound data showing staging assessments, measurements, photos with metadata, progress notes and orders for dressings and treatments.
- Staffing and assignment records showing real-world nurse and certified nursing aide (CNA) coverage.
- Care plans and risk scores such as Braden Scale scores or other validated risk assessments with proof of implementation of prevention protocols.
- Orders and consultations in wound care, nutrition and infectious disease, and documentation of when transfers to higher levels of care were requested or delayed.
- Incident reports and available surveillance that corroborate timelines, prior complaints or deficiency citations.
We also interview witnesses, including family visitors, roommates and agency or travel nurses who may have rotated off the unit, while their memories are fresh.
Damages in a Minnesota Bedsore Case
Minnesota law allows recovery of both economic and non-economic damages to compensate for personal injuries, including pressure ulcers.
- Recoverable economic losses can include hospital stays, surgical and wound-care costs, antibiotics, rehabilitation or skilled nursing, and in-home support.
- Non-economic harms often account for a larger portion of your claim because pressure injuries are painful and humiliating, potentially reducing mobility and independence.
Serious complications like osteomyelitis (bone infection requiring long-term IV antibiotics or surgery), sepsis (systemic infection) or amputation can drive significant future care needs. If you lose a loved one due to pressure-injury complications, our team evaluates potential wrongful death claims alongside accountability against the responsible entities.
Punitive damages for medical malpractice are only awarded in rare cases and require clear and convincing evidence that the defendant deliberately acted with disregard for the safety or rights of others. For example, performing surgery while intoxicated or willfully ignoring safety regulations. While punitive damages are uncommon, Minnesota has no cap on punitive damages, but courts use specific statutory factors to ensure awards are fair and proportionate.
How Florin|Roebig Builds a Winning Bedsore Claim
We combine a rapid investigation with courtroom-ready development to create leverage for a better medical malpractice settlement. Our process includes:
- Immediate preservation: We send spoliation letters to stop the deletion of staffing data, camera footage, EMR audits and metadata, internal communications and prior inspection reports.
- Expert-led review: We retain wound-care nurses, geriatricians, hospitalists and infectious-disease experts to analyze preventability, harm and unavoidable claims.
- Life-care planning: For severe injuries, we quantify future wound supplies, dressings, equipment and home-health needs.
- Aggressive discovery: We probe staffing models, budgeting choices, prior deficiencies and violations, training records and previous lawsuits and settlements to show how systemic decisions caused your injury.
- Trial leverage: We negotiate like we’ll try the case. That pressure moves insurers toward better outcomes, including reasonable compensation.
What You Can Do Now to Help Your Bedsore Case
Practical steps early on can make a difference. Take these steps now to strengthen your case:
- Photograph the wound daily with a size reference in consistent light and from multiple angles, keeping the originals in a safe place.
- Track symptoms like fever, odor, drainage color and amount, pain levels, dressing changes and the type of care medical staff are and aren’t providing.
- Request medical records, including complete care plan, wound-care notes, assessments and risk scores, consultant notes and incident reports.
- Build a timeline of admission, skin changes, transfers, specialist consultations and conversations with staff.
- Don’t sign arbitration clauses or waivers without legal review, but don’t assume these are enforceable if you’ve already signed something.
- Limit social media to avoid misunderstandings by insurers or give them ammunition that can be used against you.
If you’re concerned about ongoing safety, you can report to Minnesota’s Office of Health Facility Complaints (OHFC), the Minnesota Adult Abuse Reporting Center (MAARC) or the Minnesota Office of Ombudsman for Long-Term Care (OOLTC). OHFC explains complaint options, MAARC takes 24/7 reports of suspected maltreatment of vulnerable adults and OOLTC focuses on resident advocacy and helping with next steps. Then, contact the law offices of Florin|Roebig so we can protect your legal claim.
FAQs About Minnesota Bedsore Lawsuits
Are bedsores always considered neglect in Minnesota?
Bedsores aren’t always considered neglect in Minnesota. Some patients remain high-risk even with strong prevention. However, federal guidance expects facilities to prevent pressure injuries unless they’re truly unavoidable and to treat existing wounds to promote healing and prevent infection.
Is a hospital bedsore considered medical malpractice in Minnesota?
Yes, hospital bedsores are often considered medical malpractice in Minnesota. When a hospital’s staff falls below accepted prevention or treatment standards and harm results, the claim typically proceeds as medical malpractice under Minnesota’s four-year limitations framework and expert-affidavit rules.
Can I sue a Minnesota assisted living facility for pressure injuries?
Depending on what the assisted living facility knew, promised and did, you may be able to sue the facility for pressure injuries. Minnesota’s assisted living laws require specific resident rights notices and protections, and failures to address known risks or arrange appropriate care can create liability.
What deadlines apply to my bedsores case in Minnesota?
Malpractice claims in Minnesota generally must be filed within four years, and most require affidavits from qualified experts. Other timelines can apply to wrongful-death claims or different causes of action. The safest move is to contact the legal team at Florin|Roebig quickly so we can preserve your rights.
Where do I report immediate safety concerns?
For facility complaints, contact the Minnesota Office of Health Facility Complaints. For suspected maltreatment of a vulnerable adult, call the Minnesota Adult Abuse Reporting Center (MAARC) at 1-844-880-1574. Contact the Minnesota Office of Ombudsman for Long-Term Care (OOLTC) for advocacy and guidance if your safety concerns involve a resident of long-term care. Then, contact Florin|Roebig, so we can protect your legal claim while you safeguard your loved one’s health.
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Call Florin|Roebig Today for a Free Case Review
If you or a loved one developed bedsores in a Minnesota hospital, nursing home or assisted living facility, don’t wait. Evidence can disappear and strict deadlines may apply. Florin|Roebig’s trial-ready team will investigate fast, secure the records that matter and build a case designed to win at the negotiating table or in court.
Start with a free consultation with one of our top Minnesota attorneys listed below:
You can reach us in multiple ways, including:
- Website: Visit florinroebig.com to request a free case evaluation online
- Phone: Call our offices 24/7 to speak with a legal representative
- Email: Contact us at info@florinroebig.com for more information about our services
- Office Visits: Meet with our attorneys in person
The law offices of Florin|Roebig are top-rated not only for our ability to secure the compensation you need but also for the compassion with which we treat our clients. Call our offices today for a free case evaluation and let us protect your family’s rights and pursue the compensation you deserve.
