A recent nursing home bed sore infection lawsuit, which included evidence that was initially rejected by a lower court, has been revived by a Texas appeals court.

According to the bed sore infection lawsuit, a nursing home patient’s bed sore infection became so severe he developed an ultimately fatal infection. The plaintiff claims the nursing home neglected to properly care for and treat the man’s pressure ulcers, directly causing his bed sore infection and death.

The nursing home patient, Leroy J., lived at the Ashford Hall nursing home from January 2013 through March 4, 2013, with the exception of when he was hospitalized in February 2013. The lawsuit alleges that Ashford Hall was actually negligent in its care and treatment, despite knowing that Leroy required skilling nursing care and claiming that it was staffed to “adequately care for [his] conditions.”

According to the suit, just ten days after admittance to Ashford, Leroy lost the ability to perform man of the daily tasks he was previously perfectly capable of performing. During his time at Ashford Hall, the patient allegedly lost 40 pounds from malnutrition, became weak, and developed pressure wounds and sores that were left untreated, leading to a serious bed sore infection that caused his March 4 death.

The bed sore infection lawsuit was filed by Leroy’s daughter in December 2014 over pain, mental anguish, physical impairment, medical expenses, and more.

Initially, in a lower court, some of the evidence presented in this bed sore infection lawsuit had been rejected. The contentious evidence included a revised expert’s report, as well as the lack of a sufficient causal link between Leroy’s death and nursing home neglect.

However, the Fifth Court of Appeals of Texas rejected the lower court’s determination, and reversed its decision to grant summary judgment to Ashford Hall. Moreover, while the nursing home argued that one expert’s opinion was inadequate because it did not rule out old age as a possible cause of death, the appeal court found that ruling out such a possibility this early in the litigation process is unnecessary.

This is not the first lawsuit to be filed over nursing home abuse and neglect. In fact, it is becoming increasingly clear that nursing home abuse is a serious problem all across the United States. A growing number of families of elders are choosing to file lawsuits after they discover that their loved one has been the victim of nursing home abuse or neglect.

One of the most prominent signs of nursing home neglect is declining health or physical suffering. This is because elder neglect can often lead to physical injuries or medical issues when they are not properly and consistently cared for. Injuries caused by nursing home abuse can often include bed sore infection, pressure sores, fractures from falling, malnutrition, dehydration, and frequent urinary tract infections (UTIs).

Filing a Nursing Home Abuse Lawsuit

If you believe someone you love has been harmed by nursing home negligence or abuse, you may be able to file a nursing home abuse lawsuit, and consulting a lawyer with experience in this area can help. It can be difficult to figure out what to do in response to nursing home abuse and neglect, but a lawyer can help you navigate these issues.