No matter the severity, pressure sores can cause pain and stress. Plus, if left untreated, they can lead to more severe conditions like sepsis. This guide looks at how to make pressure sore claims.
Pressure sores can result in serious and life-changing complications. We explain what pressure sores are and how medical negligence can cause them. This is followed by a look at the eligibility criteria that must be met in order to have a valid reason to seek compensation for medical negligence.
If you suffered bed sores or pressure ulcers, you may like to know how much compensation you could be entitled to. We explain how compensation is awarded for successful medical negligence claims.
Additionally, we look at how to make a claim. You may also wish to instruct a solicitor to help you. At Accident Claims, our solicitors are experts in dealing with medical negligence claims. If you meet the eligibility, they could work on yours on a No Win No Fee basis.
If you have any questions or wish to have the grounds of your claim checked, speak to one of our friendly advisors now. Select your preferred contact method to speak to an advisor and receive advice or information regarding medical negligence claims.
- Call our 24-hour helpline on 0800 073 8801.
- Click on the live chat option.
- Start your claim online by filling out the form.
Frequently Asked Questions
- What Are Pressure Sores?
- How Are Bed Sores And Pressure Ulcers Caused?
- How Are Pressure Sores Graded?
- What Complications Can Pressure Sores Lead To?
- Am I Able To Make A Bed Sore Claim?
- If I Was Treated By The NHS, Can I Still Make A Pressure Sore Negligence Claim?
- How Much Compensation Could Be Paid For Bed Sore And Pressure Sore Claims?
- What Is Involved In Starting A Pressure Sore Negligence Claim?
- Can I Make A No Win No Fee Pressure Sore Claim?
- More Information
What Are Pressure Sores?
Pressure sores are areas of soft tissue and skin that have been damaged due to continued pressure. They often develop when a person sits or lies down for a long time. Because of this, many people develop pressure sores (often referred to as pressure ulcers or bed sores) during extended hospital stays. Care home residents are also at risk of developing pressure sores if they don’t have the mobility to move around themselves.
Some symptoms of pressure sores include an itchy sensation in the affected area, pain, discolouration, warmth, and the affected area feeling hard to the touch.
How Are Bed Sores And Pressure Ulcers Caused?
As mentioned, bed sores and pressure ulcers often develop when a person isn’t mobile enough, as not being active can put pressure on your skin and the soft tissue beneath. Some other risk factors for developing pressure sores are:
- having had one in the past
- suffering a serious illness or recent surgery
- being underweight
- swollen, broken, sweaty skin as well as incontinence
- poor circulation
- fragile skin
- problems feeling pain or sensation
If in a hospital or nursing home, immobile patients should have their positions regularly changed. Additionally, there are specially designed mattresses and cushions as well as dressings to protect the bed sore if one develops. In a home care setting, the visiting nurse should check for pressure ulcers.
If you feel you suffered pressure sore negligence, get in contact with our advisors to see your potential next steps.
How Are Pressure Sores Graded?
There are four grades of pressure sores. Grade 1 is the least severe type of bed sore, whereas grade 4 is the most severe.
- Grade 1: This type of ulcer is not an open wound but shows signs of discolouration and may be itchy as well as warm and hard to the touch.
- Grade 2: This kind of pressure sore will present as a visibly open wound or have a blister-like appearance. It has the potential to damage the inner and outer layers of skin.
- Grade 3: This type of pressure sore can cause deep skin loss and damage to the tissue underneath. Its appearance is that of a deep wound.
- Grade 4: The most severe grade, pressure ulcers at this stage can damage the skin, tissue, muscles, and bones. People who suffer pressure sores at this level may develop extremely serious and potentially fatal infections like sepsis.
Knowing the grade of your pressure sore is key when it comes to pressure sore claims. A more severe case of bed sore negligence may mean you are awarded more compensation. Speak to a friendly advisor to find out more.
All information regarding pressure sores was taken from the NHS.
What Complications Can Pressure Sores Lead To?
If caught and treated early, pressure sores can resolve without major complications. However, an untreated pressure sore can quickly become serious. We’ve laid out some common complications below.
Joint And Bone Infections
Some pressure ulcers present as open wounds, which can allow infections to enter your joints and bones. Depending on the severity of these infections, an infection of this kind could limit your mobility even more and even develop into sepsis (more on this below).
Cellulitis And Skin Issues
Another possible infection stemming from pressure sore negligence is cellulitis. This is when the skin and the soft tissue underneath become infected due to a pressure sore. Additionally, pressure sores can cause persistent pain and soreness as they develop.
Sepsis And Blood Poisoning
Sepsis (blood poisoning) can stem from untreated pressure sores and can quickly become dangerous. Sepsis spreads fast and requires urgent treatment as soon as it is suspected. If not treated in time, sepsis may mean that limbs have to be amputated to stop it from spreading further.
Squamous Cell Carcinoma
If one or more pressure sores develop without being treated, they can become chronic. Chronic pressure sores can cause your body to develop a type of cancer called squamous cell carcinoma.
Necrosis
This term refers to when the soft tissue beneath and surrounding the pressure sore begins to die. Necrosis can present as a crater or as a dark coloured patch of skin, often purple or black.
If you wish to make a pressure sore compensation claim due to medical negligence causing any of the above issues, contact us today.
Am I Able To Make A Bed Sore Claim?
To make medical or specific hospital negligence claims, the following must have happened:
- You were owed a duty of care.
- This duty of care was breached.
- You suffered unnecessary or avoidable harm because of this.
A duty of care is a legal obligation all medical professionals have to abide by. For medical professionals, a duty of care means that care and treatment should be provided to the expected standard. With pressure sore claims, some situations that could be classed as a breached duty of care are:
- Not regularly checking a patient’s body for pressure sores.
- Not offering assistance to patients so they can move more regularly.
- Not being offered a special mattress or pillows to prevent bed sores.
- Refusing to investigate symptoms that could point to infection.
If you are unsure whether you can claim pressure sore compensation, don’t hesitate to contact our advisors.
If I Was Treated By The NHS, Can I Still Make A Pressure Sore Negligence Claim?
You can claim against the NHS if the medical negligence occurred in an NHS hospital, NHS medical centre, or while you were under the care of NHS medical professionals. Though your claim will be brought against the NHS trust the pressure sore negligence happened in, it is NHS Resolution that will handle it.
How Much Compensation Could Be Paid For Bed Sore And Pressure Sore Claims?
Per the Judicial College Guidelines (JCG), a legal document containing provisional compensation amounts for various injuries, you could receive up to £167,760 in compensation if a pressure sore results in the above-knee amputation of one leg.
With the exception of the first entry, the table below includes figures from the JCG and will give you an idea of how those responsible for valuing your claim will calculate an amount for the physical pain and mental suffering. All figures should be used for guidance only.
| TYPE OF INJURY | SEVERITY | GUIDELINE COMPENSATION | NOTES |
|---|---|---|---|
| Severe Injuries + Multiple Instances of Special Damages | Severe | Up to £300,000+ | One severe or several severe injuries with multiple instances of special damages. |
| Amputation Leg Injuries | Above-Knee Amputation of One Leg | £127,930 to £167,760 | Compensation will depend on phantom pains, age; associated psychological problems and the risk of developing osteoarthritis. |
| Below-Knee Amputation of One Leg | £119,570 to £162,290 | Likely no complications would receive lower compensation than someone with phantom pains, stump problems, psychological damage and increased chance of osteoarthritis. | |
| Amputation Arm Injuries | Loss of One Arm (ii) | £133,810 to £159,770 | Above-elbow amputation. A shorter stump requiring a specialist prosthesis will likely receive more compensation. |
| Loss of One Arm (iii) | £117,360 to £133,810 | Below-elbow amputation, potential for continuing phantom pain. | |
| Ankle Injuries | Very Severe | £61,090 to £85,070 | Severe soft tissue damage, risk of future below-knee amputation required. |
| Chronic Pain | Severe | £51,410 to £76,870 | Severe symptoms that affect many aspects of life, including employability, that are not helped with treatment. |
| Moderate | £25,710 to £46,970 | As above but with less severe symptoms. | |
| Hip Injuries | Moderate (i) | £32,450 to £47,810 | Significant injury to hip or pelvis but without the possibility of major permanent disability. |
| Elbow Injuries | Less Severe | £19,100 to £39,070 | Impaired function but no major surgery is required. |
Medical negligence compensation is split into two areas: general damages and special damages. General damages are the figures in the table above. They compensate you for pain, suffering, and the impact an accident or injury has had on your life. Special damages compensate you for any financial losses you may have suffered due to pressure sore negligence. Some examples are:
- Loss of earnings.
- At-home care.
- Medical aids.
- Transport to and from medical appointments.
Your solicitor will advise you on the special damages to claim when pursuing a medical negligence case. If you have any questions about how medical negligence compensation could be awarded, please speak to a member of the advisory team today.
What Is Involved In Starting A Pressure Sore Negligence Claim?
Firstly, time limits. You have 3 years to pursue a medical negligence claim for pressure sore negligence, as per the Limitation Act 1980. This time limit begins either:
- From the date of the negligence.
- From the date you became aware you suffered unnecessary or avoidable harm due to negligence.
There are certain exceptions to this time limit, such as:
- If the person claiming lacks the mental capacity to do so.
- If the person claiming is under 18.
You can act as a litigation friend for both of the above cases. You will also need to gather the correct kinds of evidence to prove medical negligence, for example:
- Medical records documenting any pressure sores and treatment.
- Photos of your pressure sores at different stages.
- Correspondence between you and the care facility, such as the hospital.
- Copies of any written complaints submitted to the facility.
It may also be necessary for the Bolam test, a test that determines if medical negligence has taken place, to be carried out. This test is issued either by the court or the tribunal.
An advisor can talk you through the medical negligence claims process. To discuss pressure sore claims and how to make one, get in touch today.
Can I Make A No Win No Fee Pressure Sore Claim?
Yes. If you are eligible to claim compensation, with our solicitors, then they will take on the case on a No Win No Fee basis. Our solicitors take on No Win No Fee cases via a Conditional Fee Agreement. This type of agreement is beneficial to those struggling with financial losses as:
- You only pay solicitor’s fees if you successfully claim compensation.
- These fees have a legal cap of 25% of your compensation.
- You do not have to pay solicitor’s fees if you do not receive compensation.
Contact Us
We hope our guide about pressure sore negligence has been helpful. Thinking of claiming compensation? Our solicitors have decades of experience in dealing with pressure sore claims. Select one of the contact methods below to see if you’re eligible to claim.
- Call our 24-hour helpline on 0800 073 8801.
- Click on the live chat option.
- Fill out our start your claim form and an advisor will get back to you.
More Information
The links below contain relevant information about pressure sore claims and pressure sores in general.
Internal Links
- See how to claim for clinical negligence in health and social care.
- Read some FAQs regarding medical negligence.
- See how to make a care home claim.
External Links
- GMC.UK.ORG – Read about the duties of a GMC-registered medical professional.
- NHS.UK – Read more about pressure sores and their treatment.
- NHS.UK – Discover the symptoms of sepsis.
Thank you for reading our guide on pressure sore claims. Please reach out if you have any further questions or if you would like to start a claim.
