Nursing Home Cases
A loved one developed bed sores in a Kentucky nursing home? The stages, when a pressure injury points to neglect, the records that prove it, and deadlines.
Reviewed by Larry Forman, Attorney.
Bed sores, also called pressure ulcers or pressure injuries, form when constant pressure cuts off blood flow to the skin and the tissue underneath. In a nursing home, they usually mean a resident was left in one position too long. Most are preventable with basic, routine care: turning and repositioning, keeping skin clean and dry, good nutrition and daily skin checks. When a sore is allowed to deepen to the bone, it's often the clearest physical evidence of neglect a family will ever see.
Forman & Associates represents families in Louisville and across Kentucky whose loved ones developed serious bed sores in nursing homes and long-term care facilities. This page explains how these wounds develop, when the law treats them as neglect, and what records prove it.
Medical staff describe pressure injuries by stage:
The most common spots are the tailbone and buttocks, heels, hips, shoulder blades, elbows and the back of the head. Those are the places where bone presses against a mattress or wheelchair.
Federal rules for every Medicare- or Medicaid-certified nursing home are direct. The facility must make sure a resident "does not develop pressure ulcers unless the individual's clinical condition demonstrates that they were unavoidable." A resident who has one must get "necessary treatment and services … to promote healing, prevent infection and prevent new ulcers from developing" (42 CFR 483.25(b)(1)).
That word "unavoidable" is where most cases are fought. A facility will often argue that the resident was too frail, too ill or too poorly nourished for any care to prevent the wound. Signs that point the other way:
Kentucky law adds its own protections. Every resident has the right to be free from mental and physical abuse, and a resident's family must be "notified immediately of any accident, sudden illness, disease … or anything unusual involving the resident" (KRS 216.515). A resident whose rights are violated has a cause of action against the facility for actual and punitive damages.
A deep pressure injury isn't just a skin problem. It can lead to:
People with spinal cord injuries, dementia, diabetes or limited mobility are at the highest risk. That's exactly why facilities must assess and plan for that risk.
Bed sore cases are won and lost on paperwork. The facility's own records usually show whether staff did what the care plan required:
A resident can access their records within 24 hours, excluding weekends and holidays, under federal rules (42 CFR 483.10). See our guide to requesting medical records. The facility must also notify the resident's representative of a significant change in condition.
Bed sores also develop in hospitals and rehab centers. Those cases may be medical malpractice claims. Injured during a short rehab stay after surgery? See rehab facility neglect.
Kentucky's Supreme Court has held that a nursing home resident's claims for personal injury, including abuse and neglect claims, must be filed within one year (KRS 413.140). Claims that rest only on rights created by the residents' rights statute have five years (KRS 413.120), but those end with the resident's death (Overstreet v. Kindred Nursing Centers, 2015). Injury claims survive death and pass to the estate (KRS 411.140). Wrongful death claims follow their own timing rules. See our statute of limitations guide.
A lawsuit against a long-term care facility must also be filed with a certificate of merit: a sworn statement that a qualified medical reviewer was consulted and found a reasonable basis for the claim (KRS 411.167). That review takes time, so the one-year deadline is closer than it looks.
Learn more about Larry Forman, see our case results (past results don't guarantee a similar outcome), or visit our main nursing home abuse page. Falls are the other common neglect claim. See nursing home falls.
Nursing homes that take Medicare or Medicaid must follow federal quality-of-care rules. One of them says a resident must receive care, consistent with professional standards, to prevent pressure ulcers, and must not develop them unless the resident’s condition made them unavoidable (42 CFR 483.25(b)). A resident with a sore must get treatment to promote healing and prevent infection.
You can check a facility’s inspection history and staffing on Medicare’s Care Compare site. Repeat citations for pressure ulcers can help show a pattern.
Photograph any wound with a date, ask for the wound-care notes and turning schedule, and request the full chart in writing.
Not always, but often. Federal rules say a resident shouldn't develop pressure ulcers unless their clinical condition made them unavoidable. The resident's records usually show whether the facility assessed the risk and followed through.
Yes, if the facility's negligence caused or worsened it. Stage 4 wounds often lead to infection, surgery or death, and they're strong evidence that warning signs were missed for weeks.
Generally one year for injury claims. Some purely statutory claims have five years but end at death, and wrongful death claims have their own timing. Talk to a lawyer early, because a certificate of merit must be filed with the complaint.
Possibly. A facility can't make arbitration a condition of admission or continued care, and agreements are sometimes unenforceable. Have the agreement reviewed before assuming you've lost the right to a jury.
Records from both places matter. The hospital, the nursing home or both may be responsible for the wound or for letting it get worse.
Yes. Deep pressure injuries can lead to bone infection and sepsis. If a loved one died from complications of a bed sore, the family may have a wrongful death claim.
We'll review the records and tell you honestly whether the wound points to neglect. Get a free case evaluation or call (502) 931-6788. No fee unless we win. Our office is at 1139 S. 4th St., Louisville, KY 40203.
This page is general information about Kentucky law as of October 2026, not legal advice.
