[PA] Can a hospital be held liable for a pressure injury caused by faulty medical equipment?

PA Personal Injury

Jon

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Your injury being labeled a "never event" is very important under Pennsylvania law. This isn't just a medical term, it has legal implications. Under the Medical Care Availability and Reduction of Error (MCARE) Act, hospitals must report "serious events" to the Pennsylvania Patient Safety Authority.

Advanced pressure ulcers acquired after admission, especially Stage 3 or 4, are considered preventable. Their occurrence can strongly suggest the hospital failed to meet the required standard of care, shifting the issue from an unfortunate complication to potential negligence. Pennsylvania also recognizes corporate negligence, which allows you to hold the hospital itself responsible, not just individual staff. Hospitals have a non-delegable duty to keep patients safe, including proper staff oversight, functional equipment, and systems to address complaints. If your repeated concerns about the bed were ignored, this could indicate a systemic failure.

Medical records claiming you "declined" a wedge may be an attempt to suggest contributory negligence. Pennsylvania law requires accurate records, and omissions such as your complaints, use of pillows, or witness accounts can be challenged. If records were altered or information omitted, a court may find spoliation of evidence, which favors the patient. Timing matters. Pennsylvania gives 2 years from when the injury is discovered to file a lawsuit (42 PA Cons Stat § 5524). Since your injury progressed quickly to osteomyelitis and limited your mobility, that clock is already running. You may be entitled to both economic damages (medical bills, ongoing care, lost income) and non-economic damages (pain, suffering, loss of independence).

Preserve evidence. Your doctor's "never event" letter is crucial, and your lawyer can request the electronic audit trail of your records to show when notes were entered. The next step is consulting an attorney experienced in medical malpractice, especially severe pressure ulcer cases, to build a strong case under Pennsylvania law.

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I'm a quadriplegic and went into the hospital in September for an elective surgery. There's a particular bed they use for people in my condition, and as soon as I was lowered onto the bed I said I could feel hard things under me and that something wasn't right.

Lexi, Chatbot

I'm sorry to hear about your experience; that sounds very concerning. Can you tell me if you reported the issue with the bed to the hospital staff at the time?

Nurse 1 said it was fine. Nurse 2 said it was fine. I went to surgery and asked if someone from facilities who is familiar with this bed could look at it, I came back from surgery, they said it was checked out and it was fine. I continue to feel something hard beneath me.

Lexi, Chatbot

Have you experienced any injuries or complications as a result of being placed on that bed?

I did. Two or three days after the surgery I sat up to eat, and felt an intense, sharp pain on my sacral bone. Two components of the bed pinched my skin, and I immediately developed what the nurses called a "deep tissue pressure wound."

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your pressure wound.

No.

Jon

Hello and thank you for reaching out to our service! I'm Jon, a licensed attorney with over 13 years of experience, here to help. Legal matters can feel overwhelming, but you're in good hands. I'll make sure things are clear and guide you toward the best solution for your situation. Just a note, our conversation is for general legal information only and does not establish an attorney-client relationship.

What state did this happen in?

Pennsylvania.

Jon

Thank you. Were there any witnesses or documentation of your complaints about the bed at the hospital?

The family members who were with me the most, my mother and aunt, were both in the room when I asked. My mother was with me when I came back from surgery and asked if facilities came, and she heard the nurse say they did and everything was fine.

Jon

Got it, thanks for sharing that. Do you have any medical records or documentation from the hospital regarding the bed check or your complaints?

My medical record doesn't show any notes about the bruise, even though I made them aware of the injury immediately, and they immediately identified it themselves as a pressure sore.

Jon

Thanks for letting me know. Have you taken any steps to address the lack of documentation with the hospital, or have you filed any formal complaints about this issue?

There is no mention of it specifically in any of the notes that I've seen, other than them noting that I declined to use a wedge to keep pressure off. I use pillows instead, which wasn't noted.

Jon

Is there anything else you'd like to add before I start working on your answer? If not, I'll get started right away.

I have tried to speak with people from the hospital at my doctor's suggestion, at the same hospital, because this is what he told me in writing is considered a "never happen incident." Yes, I have more to add.

Jon

Please proceed, and let me know when you're finished since we can't see you typing.

As this bruise healed, it spread into an hourglass like shape, and then both sides opened. Very quickly I developed an open pressure sore that went straight to the bone. There was an infection on the bone. As a result, in order to heal, I have had to stay in bed constantly since the injury happened. It was 24 hours a day, until Valentine's Day, at which point I was given permission to be out of my bed and in my wheelchair for one hour a day. The wound opened in October, and I have been 100% bedbound since then. I was hospitalized three times, once for more than a month, once for a couple of weeks I believe, and once for one week.

Jon

Got it! I just need a few minutes to put together a complete response for you. It shouldn't take longer than about 4 to 5 minutes, and I want to make sure it's clear and comprehensive. Thanks so much for waiting, I really appreciate your patience.

I can't drive in the car or use public transportation, so I can't even get to doctors appointments for follow up care and routine maintenance. Thank you for looking into it for me. I'm going to check my email, so I'm going to set an alarm for four minutes. If it takes you less time than that, please wait for me and I will be back.

Jon

Do you think this is a situation where I need to have a lawyer with an hourly rate? I probably called close to a dozen law firms about this after I was released from my initial admission in November 2025. No one was interested in the case. Should I try them again or go straight to an hourly rate lawyer, do you think? Limited income is very much a problem in this situation.

Jon

Avoid an hourly rate lawyer, as medical malpractice cases in Pennsylvania require expensive expert testimony and a Certificate of Merit that are typically fronted by contingency-based firms. Since your injury has progressed to a bone infection and been documented as a "never event," you now have a much stronger legal claim than when you first called those firms in November. Contact larger firms in cities like Philadelphia that specialize in Stage 4 pressure ulcers and lead with the fact that your doctor put the "never event" designation in writing. Mentioning your two witnesses can also help a firm overcome the hospital's lack of documentation and prove a breach of the MCARE Act.

Finding a highly rated and trustworthy lawyer in your area is straightforward! You can visit Avvo.com, a well-regarded lawyer review site, to search for legal professionals who can assist you with your case.

But I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out, I'm always happy to assist. Wishing you a fantastic day ahead!

You too. Thank you!

Jon

You're so welcome! I'm thrilled I could help, don't hesitate to reach out if you need anything at all!

Jon

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