Nursing Home Negligence | Maggot Infested Wounds Suffered By Elderly Nursing Home Resident


Last Updated on: 10th February 2022, 03:24 am


An elderly resident of a California Skilled Nursing Facility had to undergo multiple debridement procedures and ultimately suffered partial amputation of his big toe after maggots infested his open toe wound.  Records maintained by the nursing home facility lacked any indication that the bandages on the resident’s injured toe had been changed for six days prior to the discovery of the live insect activity. Entomology experts opined that during the six day period, flies had gained access to the open wound and had laid larva, which the experts opined would not have occurred unless the staff was negligent in their care of their elderly resident.  Represented by the attorneys at Berman & Riedel, LLP, the resident brought suit against the nursing home for elder abuse and neglect under California’s Elder Abuse Statute (Welfare & Institutions Code section 15600 et seq.) Although defense counsel for the Skilled Nursing Facility argued that the facility staff had provided appropriate care to the resident, the presence of the maggots were alone sufficient to demonstrate that the resident had gone days without a bandage change or even minimal inspection.  Despite there being multiple offers made by the defense to resolve the case during the lawsuit, the attorneys at Berman & Riedel, LLP, aggressively pursued the case on behalf of their client until the operating company of the Skilled Nursing Facility chain met the significant demand that had been set on behalf of the client as a “no-budge demand.” As part of the settlement, and in addition to the significant monetary compensation, the corporation in charge of the skilled nursing operations agreed to change its procedures for documenting assessments and bandage changes for residents with open wounds.   If you or a loved one believe that you have been the subject of any type of nursing home abuse, neglect or negligence, call the attorneys at Berman & Riedel, LLP, for a free confidential consultation. 

What is Maggot Infestation in Wounds?

A maggot is the larva of a fly.  The fly lays eggs which turn into maggots (larvae).  A fly can lay hundreds of eggs at a time and they will begin to hatch within one day.  Flies are attracted to the wound and lay their eggs on the wound. When the eggs hatch and turn into larvae they grow inside the wound and at this point, it is considered a parasitic infestation – more commonly termed “myiasis”. 

Over time the wound becomes seriously infected leading to other medical issues some of them can be serious or lead to death. In some cases, tissue must be debrided which is the medical term for the removal of dead or infected tissue to assist with the healing of the remaining healthy tissue.

How Can a Nursing Home Negligency Lawyer Help?

If you suspect that a loved one may have suffered harm as a result of nursing home abuse, neglect or negligence a nursing home negligence attorney can help.  An attorney can

  • Help you with notifying and reporting to the proper authorities,
  • Help you in understanding, researching and conducting investigations to support and corroborate your suspicions
  • Aggressively represent your loved one and help them recover monetary damages

Blowfly with larvae

Maggot FOUND in open wound in Nursing Homes – Related Cases (Click to read)

About Berman & Riedel, LLP firm managing partner attorney William M. Berman:

Attorney William M. Berman focuses his practice in the areas of catastrophic personal injury, wrongful death and elder abuse and neglect. Strictly a plaintiffs’ dedicated firm, he never represents insurance companies in the defense of claims. Mr. Berman’s firm remains staunchly committed to helping those who have suffered serious injury or loss due the negligence, intentional misconduct or wrongful acts of others.

Mr. Berman has grown his firm to what is considered one of the largest and most successful elder abuse/neglect practices within California. Through his continued successes in handling claims involving nursing home and elder abuse and neglect, Mr. Berman remains a prominent figure in advocating on behalf of this vulnerable class of citizens.

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Attorney Bill Berman

William M. Berman, Esquire
Berman & Riedel, LLP
12264 El Camino Real, Suite 300
San Diego, California 92130
ph: (858) 350-8855
fax: (858) 350-9855