Litigation adds to the burden of health care costs. This is especially true in long-term care, where nearly 87% of verdicts and out of court settlements against facilities are awarded to the plaintiffs. One report reviewed 54 nursing home lawsuit cases from September 1999 to April 2002 involving pressure ulcers.
The average monetary recovery was more than $13.5 million and included awards of up to $312 million in one case, when determined by a verdict or settlement. In litigation cases related to pressure ulcers, jury awards are highest for multiple causation factors. When awards were related to single causes, the highest awards were for those where inadequate nutrition was alleged to be the cause of pressure ulcers.
However, it is important to note that in the past few years a few states have passed legislation limiting malpractice awards which may help to control these cost burdens in the future.
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