Can You Sue a Hospital for Bed Sores in Florida?
Written by the Hughes and Barnard Law Firm, PA marketing team and reviewed by Attorney Howard Hughes to ensure quality and accuracy.
You went into the hospital to get better. Instead, you or someone you love came home with a painful open wound on the tailbone, hips, or heels. At that point, many families ask the same question: can you sue a hospital for bed sores?
In many cases, yes. Florida law allows patients to hold a hospital responsible when a hospital-acquired pressure ulcer develops or worsens because staff did not follow accepted standards of care. Not every bed sore means malpractice, though. Whether you have a claim depends on how the wound developed, what the records show, and how much harm it caused.
The Short Answer
You may be able to sue a hospital for bed sores in Florida if:
- The patient was at known risk, such as limited mobility, sedation, surgery, an ICU stay, poor nutrition, incontinence, or diabetes.
- Hospital staff failed to take reasonable steps to prevent or treat the wound.
- Failure caused harm, such as a deep wound, infection, surgery, a longer hospital stay, or death.
These claims are usually treated as medical negligence. That means Florida requires specific steps before a lawsuit can be filed, and the deadlines are short.
What Are Bed Sores?
Bed sores, also called pressure ulcers, pressure injuries, or decubitus ulcers, are areas of damaged skin and tissue caused by prolonged pressure. Friction and moisture make them worse. They usually form over bony areas: the tailbone, hips, heels, ankles, shoulder blades, and the back of the head.
Clinicians classify pressure injuries by severity:
Stage 1: Intact skin with redness that does not fade when pressed.
Stage 2: Partial-thickness skin loss, often a shallow open sore or blister.
Stage 3: Full-thickness skin loss that exposes fat.
Stage 4: Full-thickness tissue loss that exposes muscle, tendon, or bone.
Unstageable and deep tissue injuries: The wound base is hidden, or damage lies beneath intact skin. These often prove to be serious.
Stage 3 and Stage 4 wounds can take months to heal. They may require surgical debridement or skin flaps, and they can lead to bone infection or sepsis.
Why Hospital Bed Sores Are Often Preventable
Pressure injuries are a well-understood risk, and hospitals have established protocols to prevent them. Accepted practices generally include:
- Assessing each patient's pressure-injury risk on admission and regularly afterward, often with a tool such as the Braden Scale.
- Repositioning immobile patients on a regular schedule, commonly every two hours in bed.
- Using pressure-redistributing mattresses, heel protectors, and cushions for high-risk patients.
- Inspecting and documenting the skin at least daily.
- Keeping skin clean and dry and managing incontinence promptly.
- Addressing nutrition and hydration, which affect how skin holds up and heals.
- Bringing in wound-care nurses and physicians as soon as a wound appears.
The federal government treats serious hospital-acquired pressure ulcers as largely preventable. Since 2008, Medicare has listed Stage 3 and Stage 4 pressure ulcers acquired during a hospital stay among the “hospital-acquired conditions” it considers reasonably preventable. That listing does not decide a lawsuit, but it shows how seriously the healthcare system views these injuries.
When Is a Hospital Legally Responsible for Bed Sores?
In Florida, a bed sore claim against a hospital is usually a medical negligence claim. The injured patient generally must prove the four elements of negligence:
- Duty: The hospital owed the patient a duty of care. This is usually clear once a patient is admitted.
- Breach: Staff fell below the prevailing professional standard of care. Examples include not turning the patient, skipping skin checks, ignoring an early-stage wound, or failing to provide a specialty mattress.
- Causation: That failure caused the pressure injury or allowed it to get worse.
- Damages: The patient suffered real harm, such as pain, added treatment, surgery, lost income, disability, or death.
Hospitals can also be held responsible for the conduct of the nurses, aides, and other staff they employ under the doctrine of vicarious liability. Some physicians who work in hospitals are independent contractors, which can affect who is named in a claim. Sorting out who was responsible for what is a key part of proving medical negligence. You can also read more about how Florida hospitals are held liable for negligence.
Warning Signs That a Bed Sore May Involve Negligence
- No documented risk assessment, or a high-risk score with no prevention plan
- Gaps in repositioning or skin-check records
- A wound first documented at Stage 3 or Stage 4, which suggests earlier stages were missed
- A patient left in the same position for long stretches
- Soiled bedding or incontinence left unaddressed
- No wound-care consult after a wound was found
- A wound that worsened quickly, became infected, or was not disclosed to the family
How to Sue a Hospital for Bed Sores in Florida
Florida’s medical negligence law, Chapter 766 of the Florida Statutes, adds steps that do not apply to most other injury claims. In general, the process looks like this:
- Collect the medical records. Nursing notes, wound photos, turning schedules, and physician orders are usually the core evidence.
- Complete a presuit investigation. Before filing, the patient’s attorney must investigate and obtain a written opinion from a qualified medical expert that supports the claim.
- Serve a notice of intent. The hospital and other potential defendants receive formal notice of the claim.
- Wait out the 90-day presuit period. The defendants investigate, and the parties exchange information. Some claims settle at this stage.
- File suit. If the claim is not resolved, a lawsuit may be filed in circuit court.
Our guide on how to sue a hospital explains each step in more detail.
How Long Do You Have to File?
Florida’s statute of limitations for medical negligence is generally two years. The clock usually starts when the injury occurred or when it was discovered, or reasonably should have been discovered, to be the result of negligence. A separate outer limit generally bars claims filed more than four years after the incident, with narrow exceptions for fraud, concealment, and certain claims involving minors.
Courts apply these deadlines strictly, and the presuit process takes time. Acting early protects your options. Learn more about Florida’s two-year statute of limitations.
Special Situations That Can Affect a Bed Sore Claim
Public hospitals. Some Florida hospitals are run by a government entity, such as a county hospital district. Claims against them fall under sovereign immunity rules in section 768.28, Florida Statutes. Those rules add written notice requirements and cap what the entity can be required to pay, currently $200,000 per person and $300,000 per incident.
Hospital versus nursing home. Many patients develop bed sores after moving between a hospital and a nursing home or rehab facility. Florida nursing home claims follow separate rules under Chapter 400, so records from each facility matter in showing where the wound began. If a loved one developed bed sores in long-term care, learn about our work as Port St. Lucie nursing home neglect attorneys and as a nursing home negligence lawyer in Jupiter.
When a bed sore leads to death. An infected pressure ulcer can cause sepsis and death. Surviving family members may have a wrongful death claim. Florida law limits which adult family members can recover certain damages in medical negligence deaths, so it is important to understand who can sue for medical malpractice in Florida.
What Compensation May Be Available?
Depending on the facts, a patient harmed by a hospital-acquired bed sore may seek:
- Medical expenses, including wound care, surgery, and future treatment.
- Lost wages and lost earning capacity.
- Pain, suffering, mental anguish, and loss of enjoyment of life.
- The cost of in-home care or rehabilitation.
- In fatal cases, damages available under Florida's Wrongful Death Act.
Every case is different, and no attorney can promise a result. For a realistic look at how these cases unfold, read what are the chances of winning a lawsuit against a hospital.
What to Do If You Suspect a Hospital Bed Sore Was Caused by Negligence
- Get the wound treated. Health comes first.
- Photograph the wound, with the patient’s consent, and note the date of each photo.
- Ask the nursing staff for the wound-care plan and who is managing it.
- Request a complete copy of the medical record, including nursing flowsheets.
- Write down dates, names, and what you observed.
- Talk with a medical malpractice attorney before giving recorded statements or signing documents from the hospital or its insurer.
Talk to a Florida Hospital Negligence Attorney
Hughes and Barnard Law Firm, PA represents injured patients and families in Port St. Lucie, Jupiter, Stuart, and across the Treasure Coast and Palm Beach County. If you or a loved one developed a bed sore during a hospital stay, our pressure ulcer attorneys can review the records and explain your options. Learn more about our medical malpractice practice in Port St. Lucie.
We handle these cases on a contingency fee basis, so there is no attorney’s fee unless we obtain a recovery for you. Contact us for a free consultation, or call our Jupiter office at (561) 296-9400 or our Port St. Lucie office at (772) 281-2977.
This article provides general information about Florida law. It is not legal advice, and reading it does not create an attorney-client relationship.
Frequently Asked Questions About Suing a Hospital for Bed Sores
Can you sue a hospital for bed sores in Florida?
Often, yes. If hospital staff failed to follow accepted prevention and treatment practices and the patient was harmed as a result, the hospital may be liable under Florida’s medical negligence laws.
Are bed sores always a sign of hospital negligence?
No. Some pressure injuries develop despite proper care, especially in very ill patients. The question is whether the hospital assessed the risk, took reasonable preventive steps, and treated the wound promptly.
How long do I have to sue a hospital for bed sores in Florida?
Generally two years from when the injury was discovered, or should have been discovered, to be caused by negligence. Claims are also generally barred more than four years after the incident, with limited exceptions.
Can I sue if my parent developed bed sores in the hospital?
A patient who is living usually brings the claim, sometimes through a guardian or representative. If the patient has died, the personal representative of the estate may bring a wrongful death claim on behalf of eligible family members.
What evidence helps in a hospital bed sore case?
Medical records are central, especially nursing notes, risk assessments, repositioning logs, and wound documentation. Dated photos and family members’ notes can also help.
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