Southern Illinois Nursing Home Bed Sore & Pressure Ulcer Attorneys
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Southern Illinois Bed Sore & Pressure Ulcer Lawyers
Olson & Reeves represents nursing home residents and their families across Southern Illinois when neglect causes a bed sore. The firm is based in Mt. Vernon, Illinois and serves families throughout Jefferson County and the surrounding region, including Centralia, Salem, Marion, Carbondale, and the communities in between.
A bed sore is rarely just bad luck. With proper care, the great majority of pressure wounds can be prevented, which is why an advanced sore on a vulnerable resident is so often a sign that something went wrong. When a parent or spouse who could not move on their own is left in one position too long, the skin breaks down, the wound deepens, and what should have been stopped early turns into a painful, dangerous injury.
Illinois gives nursing home residents some of the strongest legal protections in the country, and we use them to hold negligent facilities accountable. We obtain and review the records, explain your options in plain language, and carry the financial risk so your family does not have to.
When a bed sore leads to a fatal infection, the case often involves opening an estate. Our Southern Illinois probate attorneys handle that work in the same office. This page is part of our broader Southern Illinois nursing home abuse and neglect practice, and we also help families guard against exploitation through estate planning.
What Is a Bed Sore?
A bed sore is an injury to the skin and the tissue beneath it caused by prolonged pressure, usually over a bony part of the body. The same wound is also called a pressure ulcer, pressure sore, pressure injury, or decubitus ulcer. When a person cannot shift their own weight, constant pressure cuts off blood flow to the skin. Without oxygen, the tissue begins to die, and a sore forms.
Bed sores develop where the bone sits close to the skin and the body’s weight presses down for long stretches. For someone confined to a bed, the most common sites are the tailbone and lower back, the hips, the heels and ankles, the shoulder blades, and the back of the head. For someone in a wheelchair, the sores tend to appear on the buttocks and tailbone and along the parts of the arms and legs that rest against the chair.
Three forces work together to cause these wounds. Pressure reduces the blood supply to the skin. Friction rubs and breaks the skin’s surface, often during repositioning or from rough bedding. Shear happens when the skin moves one way while the bone underneath moves another, which is common when a resident slides down in a raised bed. A frail older resident with thin skin and poor circulation is especially vulnerable, which is exactly why the law expects a facility to watch for these wounds and prevent them.
The Four Stages of a Pressure Ulcer
Pressure ulcers are graded in four stages by how deep the damage goes, from Stage 1 (intact but discolored skin) to Stage 4 (a deep wound exposing muscle, tendon, or bone). Two additional categories exist: an unstageable wound hidden under dead tissue, and a deep tissue injury that shows as dark, intact skin. A wound does not always start at Stage 1 and climb in order; with severe neglect it can reach Stage 3 or 4 quickly.
The staging system below comes from the National Pressure Injury Advisory Panel (NPIAP), the body that sets the national standard for classifying these wounds. Knowing the stage matters in a case, because the deeper the wound, the harder it is for a facility to argue the injury was unavoidable.
| Stage | What It Looks Like | What It Means |
|---|---|---|
| Stage 1 | Intact skin with an area of redness that does not turn white when pressed. May feel warm, firm, or tender. | The earliest warning. Caught here and offloaded, it should heal without lasting harm. |
| Stage 2 | Partial skin loss. A shallow open sore or an intact or broken blister. | The skin barrier is broken. The wound is painful and at risk of infection. |
| Stage 3 | Full skin loss reaching the fat layer. A deeper, crater-like wound. | A serious wound that signals care was missed for a meaningful period. |
| Stage 4 | Full tissue loss exposing muscle, tendon, or bone. | The most severe stage. High risk of bone infection and sepsis. |
| Unstageable | Depth hidden by dead tissue (slough or eschar) covering the wound bed. | Once cleaned, the wound is found to be a Stage 3 or Stage 4. |
| Deep Tissue Injury | Intact or broken skin with a persistent dark red, maroon, or purple area. | Damage below the surface. It can break open and worsen fast. |
A practical note on language: in 2016 the national panel changed the preferred term from “pressure ulcer” to “pressure injury,” because damage can begin before the skin ever breaks open. Most families still know these wounds as bed sores, and we use the terms interchangeably here.
Why a Bed Sore Is Often a Sign of Neglect
Most bed sores are preventable with basic, well-known care. Federal regulators treat advanced pressure wounds that develop after a patient enters a facility as “never events,” meaning events that should not happen with proper care. When a resident who cannot move on their own develops a serious sore, it usually means the facility failed to do what the standard of care requires.
Preventing pressure wounds is not complicated, and every nursing home knows how. Staff are expected to assess each resident’s risk on admission and regularly afterward, often using a standard tool such as the Braden Scale. For residents who cannot reposition themselves, the longstanding standard is to turn and reposition them on a set schedule, commonly at least every two hours. Facilities are also expected to provide pressure-relieving mattresses and cushions, keep skin clean and dry, support good nutrition and hydration, and inspect the skin daily so a problem is caught at Stage 1 rather than Stage 4.
The federal government takes preventability seriously. The Agency for Healthcare Research and Quality lists Stage 3, Stage 4, and unstageable pressure ulcers acquired after admission among the “never events” in health care, and since 2008 Medicare has refused to pay the added cost of treating pressure wounds that develop in a facility’s care. For nursing homes, the federal care standard is captured in CMS regulation F686, which requires a facility to prevent pressure ulcers unless a resident’s condition makes one truly unavoidable, and to treat any sore that does develop. A documented failure to follow these steps is the heart of a neglect case.
Understaffing is the root cause behind most of these failures. When a facility does not have enough trained staff on the floor, residents do not get turned, skin does not get checked, and small problems are missed until they become severe. The numbers bear this out. The Centers for Disease Control and Prevention has reported that more than one in ten nursing home residents had a pressure ulcer, and the Agency for Healthcare Research and Quality estimates that more than 2.5 million Americans develop pressure ulcers each year.
Illinois Law and Staffing: Why Wounds Form
The Illinois Nursing Home Care Act (210 ILCS 45) sets minimum staffing levels precisely because thin staffing leads to the kind of missed care that causes bed sores. The two toggles below explain the staffing rules and the resident rights that a pressure-wound case is built on.
Minimum Staffing Requirements in Illinois
Illinois sets a firm minimum. Facilities must provide at least 3.8 hours of nursing and personal care per resident per day for residents needing skilled care, and 2.5 hours per day for residents needing intermediate care. See 210 ILCS 45/3-202.05.
For years these numbers sat on the books without real teeth. That changed in 2025. Illinois now imposes financial penalties on facilities that fail to meet the staffing minimums, set at 125% of the wage and benefit cost of the missing staffing hours for a first offense, rising to 150% for a second offense and 200% for a third and later offenses. Because every facility reports its actual staffing to the federal government and that data is published, understaffing can often be proven from a facility’s own payroll records.
Federal staffing rules have been in flux. A national staffing mandate adopted in 2024 was repealed effective February 2, 2026, but the Illinois minimums remain in force regardless of what happens at the federal level.
Resident Rights and a Facility's Duty to Prevent Wounds
The Nursing Home Care Act gives every Illinois resident a written bill of rights, including the right to adequate and appropriate medical care and the right to be free from neglect. A facility that admits a resident accepts the duty to assess that resident’s risk of skin breakdown and to take reasonable steps to prevent it.
Neglect has a specific legal meaning here. Under 210 ILCS 45/1-117, neglect is a facility’s failure to provide the care a resident needs to avoid physical harm or mental anguish. A pressure wound that forms or worsens because staff did not reposition, monitor, or treat a resident fits squarely within that definition. When a violation of these rights causes harm, it becomes the foundation of a civil claim against the facility.
The Dangers of an Untreated Bed Sore
A bed sore is not only painful. Left untreated, it becomes a gateway for serious, sometimes fatal, complications. As the wound deepens and breaks the skin’s protective barrier, bacteria can enter and spread. The most common complications are listed below.
- Local and skin infection (cellulitis): infection of the skin and soft tissue around the wound, which can cause swelling, redness, and fever.
- Bone and joint infection (osteomyelitis): when infection reaches the bone or a joint, it can permanently damage tissue and is difficult to treat.
- Sepsis: the body’s extreme, life-threatening response to infection. Sepsis from an advanced bed sore is a leading way these wounds turn fatal.
- Amputation: in severe cases, dead and infected tissue cannot be saved, and a limb is lost.
- Death: a serious pressure wound and its infections can directly contribute to a resident’s death.
This is why an advanced bed sore should be treated as a medical emergency. If a wound is worsening and the facility is not acting, getting your loved one to a doctor or hospital comes first.
Why Nursing Home Bed Sore Cases Are Different
A bed sore case is not an ordinary injury or malpractice case. Under the Illinois Nursing Home Care Act, the facility’s owner and licensee are directly liable for staff conduct that injures a resident, a prevailing resident can recover attorney’s fees from the facility, and, unlike a medical malpractice case, no upfront physician’s report is required to file. These features make these cases practical to pursue.
The owner-and-licensee liability comes from 210 ILCS 45/3-601. Instead of pointing only at one nurse or aide, the law holds the company that runs the facility responsible for the people it hires and trains.
The fee-shifting comes from 210 ILCS 45/3-602, which requires a facility to pay a resident’s actual damages, costs, and attorney’s fees when it violates the resident’s rights. This makes a case worth pursuing even when the dollar value of the injury is modest. These are often the cases other firms turn away.
And because a Nursing Home Care Act claim rests on statutory resident rights rather than professional negligence, it does not require the physician’s report under 735 ILCS 5/2-622 that a medical malpractice case demands. That removes a hurdle that can slow other cases down at the starting line.
| Feature | Nursing Home Care Act Claim | Medical Malpractice Claim |
|---|---|---|
| Who is liable | The facility’s owner and licensee, for staff acts or omissions | The individual provider who breached the standard of care |
| Physician’s report required to file | Not required ✓ | Required (735 ILCS 5/2-622) |
| Attorney’s fees recoverable from the defendant | Yes (210 ILCS 45/3-602) ✓ | No (each side pays its own) |
| Basis of the claim | Violation of statutory resident rights | Professional negligence |
Compensation in an Illinois Bed Sore Case
Money cannot undo what happened to your loved one, but it can pay for the harm that was caused and send a facility a message it will not ignore. Depending on the facts, a bed sore case may recover the cost of medical care needed because of the wound, including treatment, surgery, and wound care, along with compensation for the resident’s pain and suffering and for any disability or disfigurement. As explained above, the Nursing Home Care Act also lets a prevailing resident recover attorney’s fees from the facility.
When a bed sore contributes to a resident’s death, Illinois law provides two related claims. A wrongful death claim compensates surviving family members for losses such as grief, sorrow, and the loss of the relationship. A survival claim recovers the damages the resident suffered between the injury and death, including their own pain and medical expenses. These claims are usually brought through the resident’s estate, and our probate attorneys handle that work alongside the injury case in the same office.
Every case is different, and other categories of damages may apply depending on the circumstances. We will review the facts with you and explain what is realistically available before you decide how to proceed.
Time Limits: The Illinois Statute of Limitations
In most Illinois bed sore cases you have two years to file a lawsuit, measured from the date the harm was discovered or reasonably should have been discovered (735 ILCS 5/13-202). If a resident dies, the deadline for a wrongful death claim is generally two years from the date of death. Some situations shorten or extend this window, so it is best to talk with an attorney as soon as you suspect a problem.
The “discovery rule” matters in bed sore cases because families often do not learn the full extent of a wound until they start asking questions. A facility may keep a sore covered, downplay it, or fail to mention how far it has progressed. The clock can start when the harm was or should have been discovered, not necessarily when the wound first began.
Two practical points are worth knowing. If the facility is owned or operated by a government body, a shorter deadline can apply, sometimes as little as one year. And there is a strong reason not to wait: Illinois generally requires nursing homes to keep resident records for about five years, and those records, including the turning logs, wound assessments, and care plans, are usually the heart of a bed sore case. The sooner you act, the more evidence is likely to still exist.
What to Do If You Find a Bed Sore
If you find a bed sore on a loved one, document it right away. Take dated photographs, write down what you see and what staff tell you, and make sure the resident gets prompt medical attention. You can also report the facility to the Illinois Department of Public Health’s Nursing Home Hotline at 1-800-252-4343, staffed 24 hours a day. You do not need proof. A reasonable concern is enough, and reports can be anonymous.
Documenting the wound yourself matters, because you cannot rely on the facility to record it accurately. Photographs with a date, along with your own notes, can become important evidence. Reporting and filing a lawsuit are separate paths, and you can do both. A complaint triggers a government investigation that can produce useful records, while a lawsuit is how a family recovers compensation. The table below lays out the options.
| Path | Who Handles It | How to Start |
|---|---|---|
| File an IDPH complaint | Illinois Department of Public Health (inspects the facility) | Call 1-800-252-4343 or file online |
| Adult Protective Services report | Illinois Department on Aging (for at-risk adults) | Call 1-866-800-1409 |
| Contact the Ombudsman | Illinois Long-Term Care Ombudsman (advocates for residents) | Call the Senior HelpLine, 1-800-252-8966 |
| Civil lawsuit | Your attorney (recovers compensation for the family) | Contact Olson & Reeves |
If a resident is in immediate danger, call 911 first. If you simply need help finding local services for an older adult, the federal Eldercare Locator (1-800-677-1116) is a good place to start.
How Olson & Reeves Handles Bed Sore Cases
A strong bed sore case is built on evidence, and most of it starts in the facility’s own files. We request and review the resident’s complete medical and care records, the turning and repositioning logs, the wound assessments and photographs, the care plan, the facility’s staffing and payroll data, and its state inspection and complaint history. A care plan that calls for repositioning every two hours, set against turning logs that show it did not happen, can tell the whole story. Where it helps, we work with medical and wound-care experts who can explain what proper care should have looked like and where the facility fell short.
We handle these cases on a contingency fee, which means no upfront cost to your family and no fee unless we recover for you. From the first conversation through any settlement or trial, we keep you informed and explain each step in plain terms.
Our office is in Mt. Vernon, a short distance from the Jefferson County Courthouse, and we appear regularly in the circuit courts across Southern Illinois. We know how these courts handle their dockets and what local litigation requires. If travel is difficult, we are glad to come to you or meet by phone or video.
Check a Nursing Home’s Record
You can check any Illinois nursing home’s inspection results, staffing levels, and overall star rating for free on Medicare’s Care Compare website. The Illinois Department of Public Health also publishes facility inspection and complaint information. Reviewing a facility’s history is a smart step before placing a loved one, and a useful one after a problem comes to light.
Care Compare, run by the federal Centers for Medicare & Medicaid Services, scores each facility on health inspections, staffing, and quality measures, and pressure ulcers are one of the quality measures it tracks. You can find it at medicare.gov/care-compare. A facility’s documented history of low staffing or repeat citations can be powerful evidence, because it shows the company knew about a problem and did not fix it. If you find something concerning about a facility caring for your loved one, save what you find and reach out to us.
What Our Clients Say
- Matthew W.: “This firm is highly recommended! They are professional, efficient, and polite. The firm keeps you updated step by step and explains the process clearly.”
- Heather M.: “They are amazing! I contacted them and they responded immediately and kept me updated through the whole process. I will always recommend them.”
- Johnnie T.: “They were honest with us from the start and really gave us every option they could think of. They took their time and really listened to the whole story. I would highly recommend them.”
- Rita S.: “Very friendly, cared about me as a person. Great communication.”
Read more of our Google reviews here.
Past results do not guarantee a similar outcome.
Southern Illinois Counties We Serve
Olson & Reeves represents bed sore and nursing home neglect clients across the State of Illinois, with our roots and our offices here in Southern Illinois. These are some of the counties we regularly serve:
| Bond County | Clay County |
| Clinton County | Crawford County |
| Edwards County | Effingham County |
| Fayette County | Franklin County |
| Hamilton County | Jackson County |
| Jefferson County | Lawrence County |
| Marion County | Perry County |
| Randolph County | Richland County |
| Saline County | Wabash County |
| Washington County | Wayne County |
| White County | Williamson County |
Frequently Asked Questions
Are bed sores a sign of nursing home neglect?
Often, yes. Because most bed sores can be prevented with basic care like regular repositioning and skin checks, a serious sore on a resident who cannot move on their own usually means the facility did not provide the care it was required to. An advanced bed sore is one of the clearest red flags of nursing home neglect.
A facility may argue a wound was unavoidable because of a resident’s medical condition. Sometimes that is true, but it is the exception. The records, including the care plan and turning logs, usually show whether staff actually did what the standard of care required.
Can I sue a nursing home for bed sores in Illinois?
Yes. If a nursing home’s neglect caused or worsened a bed sore, Illinois law lets the resident or their family bring a claim under the Nursing Home Care Act. The facility’s owner and licensee can be held directly liable, and a prevailing resident can recover damages, costs, and attorney’s fees from the facility.
These claims are based on a violation of statutory resident rights, not on professional negligence, which means they do not require the upfront physician’s report a medical malpractice case demands. That makes them more practical to bring.
What are the four stages of bed sores?
Bed sores are graded in four stages by depth. Stage 1 is intact skin with a reddened area that does not turn white when pressed. Stage 2 is partial skin loss, like a shallow sore or blister. Stage 3 is full skin loss reaching the fat layer. Stage 4 is the deepest, exposing muscle, tendon, or bone.
Two additional categories exist: an “unstageable” wound whose depth is hidden under dead tissue, and a “deep tissue injury” that appears as a dark, discolored area under intact skin. A wound does not always progress in order. With severe neglect it can reach an advanced stage quickly.
How long does it take for a bed sore to develop?
A bed sore can begin to form within hours of unrelieved pressure. That is why the standard of care for an immobile resident is to reposition them on a set schedule, commonly at least every two hours. When that does not happen, an early sore can appear quickly and then deepen over days if it is not caught and treated.
How fast a wound worsens depends on the resident’s health, nutrition, and circulation. But the speed at which one can start is exactly why frequent repositioning and daily skin checks are not optional in a nursing home.
Where do bed sores most commonly form?
Bed sores form where bone sits close to the skin and the body’s weight presses down. For someone in bed, the most common sites are the tailbone and lower back, the hips, the heels and ankles, the shoulder blades, and the back of the head. For someone in a wheelchair, they appear on the buttocks, tailbone, and where the arms and legs rest.
These pressure points are predictable, which is part of why the wounds are preventable. Staff know exactly where to look, and a careful skin inspection should catch a problem at the earliest stage.
Are bed sores preventable?
In the great majority of cases, yes. Repositioning a resident on schedule, using pressure-relieving mattresses, keeping skin clean and dry, supporting good nutrition, and inspecting the skin daily prevent most pressure wounds. Federal regulators treat advanced sores acquired in a facility as “never events” precisely because proper care should stop them.
A small number of wounds are genuinely unavoidable because of a resident’s medical condition. But that is the rare case, and a facility carries the burden of showing it did everything right before a wound is fairly called unavoidable.
What is the statute of limitations for an Illinois bed sore lawsuit?
In most Illinois bed sore cases you have two years to file, measured from when the harm was discovered or reasonably should have been discovered, under 735 ILCS 5/13-202. If a resident dies, the wrongful death deadline is generally two years from the date of death. Some exceptions shorten or extend this, so it is best to act quickly.
A shorter deadline can apply if a government body owns the facility. And because nursing homes generally keep records for only about five years, waiting can also cost you the turning logs and wound assessments your case depends on.
Do I need a doctor's report to file a bed sore claim?
No. A claim under the Illinois Nursing Home Care Act is based on a violation of statutory resident rights, not professional negligence, so it does not require the upfront physician’s report that a medical malpractice case demands under 735 ILCS 5/2-622. That removes a hurdle that can delay other types of cases at the start.
We still work with medical and wound-care experts when their input strengthens a case. The difference is that an expert report is not a precondition to filing, which lets us move sooner to preserve evidence.
What compensation can I recover for a nursing home bed sore?
A bed sore case can recover the cost of medical care caused by the wound, including treatment, surgery, and wound care, along with compensation for the resident’s pain and suffering and for any disability or disfigurement. Under the Nursing Home Care Act, a prevailing resident can also recover attorney’s fees from the facility. When a resident dies, the family may recover wrongful death and survival damages.
The exact categories depend on the facts. We will review your situation and explain what is realistically available before you decide whether to move forward.
Can I sue if my loved one died from a bed sore infection?
Yes. When a bed sore leads to a fatal infection such as sepsis or osteomyelitis, Illinois law allows two related claims: a wrongful death claim that compensates surviving family members for their loss, and a survival claim that recovers the damages the resident suffered before death. Both are generally filed within two years of the date of death.
These claims are usually brought through the resident’s estate, which often means opening probate. Because we handle probate in the same office, your family does not have to coordinate between separate firms.
How much does it cost to hire a bed sore lawyer?
Nothing upfront. Olson & Reeves handles bed sore cases on a contingency fee, so there are no out-of-pocket costs while your case is pending and no fee unless we recover for you. On top of that, the Illinois Nursing Home Care Act lets a prevailing resident recover attorney’s fees from the facility itself.
That fee-shifting provision is part of what makes these cases worth pursuing even when the dollar value of the injury is modest. The first conversation is a free case evaluation with no cost or obligation.
Contact Our Southern Illinois Bed Sore Attorneys
If you believe a loved one has developed a bed sore because of nursing home neglect, the sooner you act, the more we can do. The wound can be photographed, the records are fresher, and the deadline to file is always running. Call Olson & Reeves today at (618) 316-7322 for a free case evaluation, or fill out the form below. There is no cost to learn where you stand, and no fee unless we win your case.
Directions to Our Offices
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Mt. Vernon Office
Olson & Reeves, Attorneys at Law
1015 Broadway
Mt. Vernon, IL 62864
Phone: (618) 316-7322