Bedsores, also known as a pressure injury, can occur when sustained pressure, moisture, friction or shear damages the skin and deeper tissue. These injuries usually occur over bony areas like the elbows, hips, tailbone, ankles and heels, where pressure is more consistent and severe. At-risk patients can be identified on admission to hospitals, nursing homes or assisted living facilities and protected through repositioning schedules, moisture control, nutrition support, pressure-relieving surfaces and timely wound-care consultations. When appropriate care standards aren’t taken, minor redness can quickly become a deep, infected wound.
More than 17,000 lawsuits related to bedsores/pressure ulcers are filed each year nationwide, per the Agency for Healthcare Research and Quality (AHRQ). AHRQ reports that pressure injuries are the second-most common claim following wrongful death, with 60,000 patients dying every year as a direct result of pressure ulcers.
The Texas Department of State Health Services (DSHS) showed 2,696 preventable adverse events (PAEs) in 2024, which include reportable stage 3, stage 4 or unstageable pressure ulcers acquired after admission to a hospital or ambulatory surgery center. Numbers for pressure injuries in nursing homes, assisted living and other long-term care facilities aren’t publicly reported.
Texas law and federal rules set clear expectations for prevention and treatment in licensed facilities. Those standards, together with the medical record and staffing data, form the backbone of a negligence, resident-rights or medical malpractice claim when a pressure wound forms or worsens due to substandard medical care.
The Texas bedsore lawyers at Florin|Roebig can 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 note pressure injuries in four stages, ranging from early redness that doesn’t turn white when pressed to deep wounds that expose muscle or bone. 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. When appropriate, clinicians also document if a wound is “unstageable” or a “deep tissue” injury.
Early warning signs to watch for include any color changes that don’t fade when you apply gentle pressure, skin that’s warm or tender to the touch or skin that feels firmer or softer than other skin surrounding it. As pressure sources progress, you may notice odor or drainage, and you or your loved one may experience a fever or increasing pain.
How Bedsores Happen in Texas Hospitals, Nursing Homes and Assisted Living Facilities
Prevention practices look similar across healthcare and community settings, but the duties differ.
- Hospitals: Breakdowns often stem from missed turns on busy units, delayed specialty mattresses, handoff gaps or late wound-care consultations.
- Nursing homes: Problems frequently involve weak care plans, inconsistent repositioning, poor incontinence care, late assessments and charting that doesn’t match bedside reality.
- Assisted living facilities: ALFs aren’t hospitals, but they must respond to known risks, deliver services they’ve promised and arrange higher-level care when needed.
Texas statutes set minimum acceptable levels of care in nursing homes and assisted living facilities, which align with federal expectations for prevention and treatment.
Five recurring failure patterns we see in Texas cases:
- No timely risk assessment or personalized prevention plan.
- Late, inconsistent or undocumented repositioning.
- Poor management of moisture, incontinence or devices intended to relieve pressure.
- Inadequate or weak nutrition or hydration support.
- Delayed referral to wound-care specialists or late transfers to a higher level of care.
Are Bedsores Preventable? “Avoidable” vs. “Unavoidable”
Facilities sometimes claim a wound was unavoidable due to the resident’s condition. Federal guidance asks a more straightforward question: Did the facility actually implement appropriate prevention and, once a wound existed, provide treatment to promote healing, prevent infection and stop new wounds from forming?
If prevention or treatment steps weren’t done or weren’t consistent, the “unavoidable” defense usually collapses. In practice, we test the defense by comparing the chart with objective facts, including photo metadata, measurement trends, labs, vitals, consultants’ notes, and staffing and assignment records. When the paper trail and bedside reality don’t match, juries notice these discrepancies.
Can You Sue a Hospital or Nursing Home for Bedsores in Texas?
Depending on where the wound formed and who was responsible, you may be able to sue a hospital or nursing home in Texas for pressure ulcers, and your case may proceed as follows:
- Medical malpractice against hospitals or clinicians when prevention or treatment falls below the standard of care.
- Resident-rights or licensing-based claims against nursing homes or assisted living facilities for failing to provide safe, dignified and appropriate care under Texas law.
Hospitals operate under Texas Health & Safety Code Chapter 241, Nursing facilities under Chapter 242 and assisted living facilities under Chapter 247. Each of these statutes establishes minimum care standards that coincide with federal expectations. CMS guidance often helps explain duty and breach in long-term care.
According to the Texas Health and Human Services, pressure injuries are one of the most commonly reported adverse events in nursing facilities and they usually make up about half of the preventable adverse events reported in Texas hospitals each year. While Texas stopped breaking out the percentage of residents with pressure ulcers in nursing homes in October 2023, the last report in which these were included separately was in 2022 and indicated that 52% of PAEs in hospitals statewide were related to pressure injuries.
In 2022, the stage listed 1,312 stage 3, stage 4 or unstageable pressure ulcers, including 418 that did severe harm, including pain or disfigurement that significantly interfered with the patients’ functional ability or quality of life. In 2024, the total number of PAEs was 2,696, potentially including 1,402 pressure injuries based on previous findings. And these only include those reported in hospitals. Bedsores are also common in nursing facilities.
The Defendants: Who Can You Sue for Pressure Ulcers?
Pressure-injury cases often involve multiple responsible parties, including:
- Facility owners or operators responsible for system-level policies, staffing, and budgets.
- Management companies, if daily operations are outsourced.
- Staffing or specialty contractors providing personnel for wound care, nursing or therapy.
- Individual clinicians or the hospital system whose acts or omissions allowed the wound to form or worsen.
- Parent companies or related entities where ownership and insurance are layered.
At Florin|Roebig, we map corporate structures, review vendor agreements, analyze staffing and assignment records and check state and federal survey histories to identify the real decision-makers. This information allows us to determine whose decisions potentially impacted care and staffing that led to your harm.
Deadlines and Pre-Suit Requirements in Texas
Texas imposes a two-year statute of limitations for most healthcare liability claims, with a ten-year statute of repose that bars actions filed after that period. In addition, claimants must serve expert reports within 120 days after each defendant’s original answer, or risk dismissal with prejudice. These rules live in Chapter 74 of the Texas Civil Practice & Remedies Code, and courts enforce them strictly.
In addition to these official deadlines, Electronic Medical Record (EMR) audit trails, staffing data and camera footage are time-sensitive. Contacting legal counsel early protects your rights and preserves evidence.
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What Your Texas Case Must Prove
While every case is different, core elements appear in every case. These include:
- Duty: Facilities and providers must assess risk, prevent breakdown and treat wounds promptly, which is grounded in Texas statutes, licensing standards and accepted clinical guidance.
- Breach: Missed repositioning, poor moisture management, lack of off-loading, inadequate nutrition, delayed consultations or charting that doesn’t match bedside care are a breach of duty.
- Causation: We connect the dots with timelines, measurements, labs, vitals and expert analysis to demonstrate the link between what caused your harm.
- Damages: Beyond mounting bills for medical care, bedsores can involve severe pain, loss of dignity, infections, hospitalization, surgical debridement or amputation. If a loved one died due to complications, certain survivors may pursue wrongful-death damages.
Evidence Florin|Roebig Secures Quickly
Quick action is vital in personal injury bedsores cases. The evidence that proves neglect or medical malpractice can become lost, destroyed or irretrievable. To build leverage in your case, we work quickly to lock down:
- Complete EMR with audit trails showing who accessed or edited entries, and when.
- Wound data that includes staging, measurements, progress notes, any orders made for treatment and photos with metadata.
- Staffing and assignment records revealing staff-to-patient ratios, including nursing and certified nursing assistant coverage.
- Care plans and risk scores with proof of implementation following validated risk assessments, such as Braden Scale scores.
- Orders and consultations from wound care, nutrition and infectious disease experts and documentation indicating higher levels of care were ordered or delayed.
- Incident reports and available surveillance that confirm timelines related to care, along with any prior history of complaints or litigation.
We also interview key witnesses, such as family members or others who visited, roommates who witnessed the care provided or not provided and agency or travel nurses who may have rotated off the unit. It’s essential to speak with all potential witnesses while their memories are fresh.
Damages in a Texas Bedsore Case
Recoverable losses can include hospitalizations, surgical and wound-care costs, antibiotics, rehab, skilled nursing and in-home support. These represent economic damages that are easily proven through receipts and other documentation.
Non-economic damages often carry significant weight because these injuries are painful and humiliating, potentially limiting mobility and independence. However, these damages are usually more challenging to prove, as they’re not tangible like economic damages.
Serious complications like osteomyelitis (bone infection requiring long-term IV antibiotics or surgery), sepsis (systemic infection) or amputation of an infected limb can substantially increase future care needs and long-term costs similar to any other catastrophic injury. If you lose a loved one due to pressure-injury complications, our team evaluates potential wrongful death claims against the responsible entities.
How Florin|Roebig Builds a Winning Bedsore Claim
We rapidly investigate your bedsores injury claim to develop a courtroom-ready case. Some of the crucial steps we’ll take while preparing your case to get you the best medical malpractice settlement possible include:
- Immediate preservation: Spoliation letters go out immediately to stop the deletion of staffing data, camera footage, EMR metadata and other pertinent documentation.
- Expert-led review: Wound-care nurses, geriatricians, hospitalists and infectious-disease specialists provide expert options after assessing preventability and harm.
- Life-care planning: We quantify future supplies, dressings, equipment and home-health needs for severe injuries.
- Aggressive discovery: We examine staffing models, budget choices and prior deficiencies to show how systemic decisions caused your injury.
- Trial leverage: We negotiate like we’ll try the case, which we’re more than ready to do, moving insurers toward better outcomes, including fair compensation.
What You Can Do Now to Help Your Bedsore Case
What you do now can help your case later, and a few smart steps can strengthen your claim.
- Photograph the wound daily under consistent light and using a size reference to document the progression and keep all original photos in a safe place.
- Track symptoms and care like fever, odor, drainage amount and color, pain levels, dressing changes, specialist consultations and other notable observations.
- Request medical records such as complete care plan, wound-care notes, risk scores, consultant notes and incident reports and keep all these copies together.
- Build a timeline of admissions, transfers and conversations with staff to further chart your care journey.
- Don’t sign arbitration clauses or waivers without legal review, but don’t assume you don’t have a case if you’ve already signed one.
- Limit social media so adjusters can’t misread your posts and use what you say against you.
If you’re worried about ongoing safety, you can file a care-facility complaint with Texas Health & Human Services by calling 800-458-9858. You can also speak with the Texas Long-Term Care Ombudsman at 800-252-2412 for resident-focused advocacy. For suspected abuse, neglect or exploitation outside a licensed facility, contact the Texas Department of Family and Protective Services hotline at 1-800-252-5400 or file a report online.
Once you’ve contacted the appropriate agencies, contact the law offices of Florin|Roebig so we can protect your legal claim while you safeguard your loved one’s health.
FAQs About Texas Bedsore Lawsuits
Are bedsores always considered neglect in Texas?
Bedsores aren’t always considered neglect in Texas, because some long-term care patients or residents 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 Texas?
Yes, hospital bedsores are often considered medical malpractice in Texas. When a hospital’s staff falls below accepted prevention or treatment standards and harm results, the claim typically proceeds as a Chapter 74 healthcare liability action.
Can I sue a Texas 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. Texas Chapter 247 establishes minimum acceptable levels of care in ALFs, and failures to address known risks or arrange appropriate care can lead to liability.
What deadlines apply to my medical malpractice case in Texas?
Most healthcare liability claims must be filed within two years, and you must serve expert reports within 120 days of each defendant’s answer. A 10-year period of repose also applies, so don’t wait to seek legal advice. These rules are enforced strictly.
Where do I report immediate safety concerns in Texas?
For licensed facilities, call Texas Health and Human Services’ Complaint & Incident Intake at 800-458-9858. For resident advocacy, contact the Texas Long-Term Care Ombudsman at 800-252-2412. For suspected abuse outside a facility, call the Texas Department of Family and Protective Services hotline at 1-800-252-5400.
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Call Florin|Roebig Today for a Free Case Review
If you or a loved one developed bedsores in a Texas hospital, nursing home or assisted living facility, don’t wait. Evidence can vanish and Chapter 74 deadlines move fast. Our trial-ready team at Florin|Roebig will investigate quickly, 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 Texas attorneys listed below:
You can reach us in multiple ways, including:
- Website: Visit florinroebig.com to request a free case evaluation online
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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 Texas office today for a free case evaluation and let us protect your family’s rights and pursue the compensation you deserve.
