How To Make Pressure Sore Claims: Compensation For Bed Sores and Pressure Ulcers

Pressure sores – also referred to as pressure ulcers or bed sores – are painful injuries which may affect the skin and tissue beneath it. They may develop when sustained pressure or friction damages the skin. Those with limited mobility, such as hospital patients, those in care homes or similar facilities, face an increased risk of developing pressure sores if proper preventative measures and care are not taken. In this guide we look at how and when to make pressure sore claims..

In this guide you can learn more about this type of injury and how to claim compensation. We explain what criteria claims must meet, whether you can claim for someone else and the factors taken into consideration when calculating compensation. We also look at causes of pressure sores (such as medical negligence) and at how to claim on a No Win No Fee basis.

To get further advice or to begin your claim, please,

• Call us on 0333 000 0729.
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Jump To A Section

• What Are Pressure Sores?
• Am I Eligible To Claim Compensation For Pressure Ulcers?
• Causes Of Pressure Sores That Lead To Claims
• What About If I Suffer Pressure Sores Due To Medical Negligence
• How Much Compensation Can I Claim For Pressure Sores?
• Can I Claim On Behalf Of Someone Else?
• How To Make A Pressure Sore Claim
• How Legal Helpline Can Help You Claim
• More Information

What Are Pressure Sores?

A pressure ulcer, sore or bed sore is an injury to the skin and (in some instances) the underlying tissue. They may occur during prolonged periods of immobility and can be caused by pressure, friction and moisture. In addition, incontinence and poor nutrition can also be contributory factors.

Pressure sores tend to occur more frequently on bony areas of the body with little body fat, such as the hips, heels, tailbone or elbows.

Those with chronic health conditions, or otherwise have reduced mobility, may be more vulnerable to developing pressure sores or ulcers.

Grades Of Pressure Sores

Pressure sores may be classified into four grades.

• Grade 1: there are no open wounds. The skin may be painful, discoloured or itchy.
• Grade 2: partial skin loss which may resemble open wounds or blisters. Damage to the epidermis (surface of the skin) or dermis (deeper skin layers).
• Grade 3: deeper wounds which penetrate the full thickness of the skin and damage the underlying tissues.
• Grade 4: the most severe form of pressure sores. Severe damage to the skin and surrounding tissues. Necrosis (tissue death) may begin to occur. There may be damage to underlying muscle or even bone.

Grade 4 pressure sores can lead to life threatening infections, such as sepsis from bed sores. Speak to our team today about pressure sore claims and discover whether you have a claim.

Am I Eligible To Claim Compensation For Pressure Ulcers?

If you or a loved one have suffered a pressure sore or pressure ulcer due to another party, such as a care provider, failing to meet their duty of care, you could make a compensation claim. Claims for pressure ulcers could arise from either personal injury or medical negligence, depending on the circumstances in which the claimant was harmed.

To make a successful claim, you will generally need to establish the following:

• There was a duty of care: the party responsible for your care, whether in a care home or other healthcare provider, had a duty of care to you.
• This duty of care was breached: breaches could include failing to provide adequate care, not taking preventative measures or failing to meet professional standards.
• The breach caused you harm: this harm must be unnecessary and avoidable and linked directly to the aforementioned breach.

Pressure sore claims can help to compensate you for pain and suffering as well as medical expenses and the cost of further care.

Causes Of Pressure Sores That Lead To Claims

Pressure sores may be caused by poor care in a hospital, nursing or care home, or even due to poor domestic and in-home care. They may develop when someone experiences prolonged periods of immobility, though in some instances can develop quickly. This can put pressure or friction on a body part, reducing blood flow to the skin and other tissues.

Bed sores may be caused or made worse due to substandard care. Below, we look at key factors which could lead to the development of pressure sores or ulcers.

• Exposure to moisture: prolonged exposure to moisture, such as from incontinence, can weaken the skin, increasing a person’s vulnerability to developing sores. Failing to check if a patient is not excessively sweating, is kept dry or monitor a urinary catheter for leaks could lead to a patient being exposed to excessive moisture. 
• Insufficient use of devices to relieve pressure: special mattresses and cushions may be used to prevent those vulnerable to pressure sores from developing them. Healthcare professionals should use them were appropriate to prevent sores or to ensure they do not get worse if detected. 
• Inadequate monitoring of a patient: caregivers and other healthcare professionals must regularly monitor the skin of those they are caring for, for the early signs of pressure sores. Failing to monitor a patient and check then skin for weakness, moisture or the signs of pressure sores could lead to a person developing them where doing so was avoidable. 

Negligence in any of these areas of care could lead to a person suffering avoidable harm and may be the ground for pressure sore claims. 

Our team could assess how you were harmed and connect you to a specialist personal injury solicitor. 

What About If I Suffer Pressure Sores Due To Medical Negligence

Pressure sores could occur in medical settings due to healthcare professionals failing to uphold their duty of care. All medical and healthcare professionals, such as those working in hospitals, care homes and those providing care in domestic settings, have a duty of care to patients. They should take reasonable preventative measures to avoid patients developing a pressure ulcer or sore, particularly in respect to vulnerable patients.

Potential examples of medical negligence could include:

• Failing to identify patients at risk: failing to assess which patients are more vulnerable and implement an appropriate care plan.
• Failing to take adequate preventative measures: such as not repositioning a patient, monitoring skin health or providing a suitable mattress.
• Delays in diagnosis or treatment: such delays may lead to patients developing a more severe grade of sore.

Pressure sore negligence claims could help you to secure compensation for any harm suffered.

How Much Compensation Can I Claim For Pressure Sores?

If you are considering making a claim for yourself or someone else you may wonder “how much compensation for pressure sores” you may be entitled to. The loss of a leg may be worth £293,850 to £344,150.

The first thing we should note is that the amount of compensation you may be entitled to claim will be unique to your case. In general, compensation awarded in pressure ulcer claims may be made of two heads of loss, general damages and special damages.

The first of these heads of loss, general damages, compensate for physical and emotional suffering. To assess general damages, legal professionals may consult the Judicial College Guidelines (JCG). This provides a reference on compensation brackets and may be taken in conjunction with your medical records.

In the table below we include example figures from the JCG. These figures are presented as a guideline. The first entry is not derived from the JCG and is our illustration of a possible settlement.

Special Damages In Bed Sore Claims

The second head of loss which may be included in a compensation settlement is special damages. Special damages compensate for financial losses which are directly related to the harm or injury suffered..

As a result of developing pressure sores you may have required additional medical treatment or domestic care. You may also have lost income if you had to take additional time off work or had to meet other financial costs.

Examples of financial losses you may claim for include:

• Medical and care expenses such as medical treatment, specialised dressings, bandages and creams as well as prescriptions such as antibiotics.
• Nursing care, whether in the home or a specialist facility.
• Medical devices, such as cushions and mattresses designed to relieve pressure sores.
• Lost income and earnings.

In order for your claim to include special damages you must be able to prove the loss was caused by the harm you suffered. Payslips, invoices and receipts may all be submitted as evidence to support claimed losses.

One of our advisors could help to work out how much compensation for pressure sores you may be eligible to claim.

Can I Claim On Behalf Of Someone Else?

The simple answer is that pressure sore negligence claims could be made on behalf of a loved one who is unable to pursue a claim themselves. Claims may be made on behalf of someone else where they are legally a minor (under the age of 18) or where they do not have sufficient mental capacity to claim themselves.

To act on behalf of another person you will need to be appointed to be their litigation friend. This is a suitable adult who represents the wishes and interests of the person harmed.

To claim on behalf of another person you will need to show that:

• You meet the criteria to be appointed as a litigation friend.
• The individual harmed is unable to claim on their own behalf.
• The pressure sores were caused by a breach in someone’s duty of care.

Whether you are the family member, carer or friend of someone who suffered pressure sores you could claim compensation on their behalf. Get in touch with an advisor to learn more about the process of claiming on behalf of someone else.

How To Make A Pressure Sore Claim

Whilst making pressure sore negligence claims may seem daunting, there is a clear claim process to follow. Doing so could help you to build a strong care and may improve your chances of securing a pressure sore claims settlement.

To successfully claim, you must clearly demonstrate that negligence took place and how you (or someone else) were harmed.

In this part of our guide we take you through the steps essential in making claims, such as collecting evidence, understanding how long you have to make a claim and how a No Win No Fee solicitor could help you.

Gather Evidence To Support Your Case

Having detailed evidence can be crucial, whether you need to prove medical negligence or another personal injury claim.

Steps you can take to prove your claim may include:

• Medical records: copies of relevant medical reports could show the severity of the harm sustained, any treatment plan and prognosis for recovery.
• Documenting the injury: this could include taking photographs of visible bed sores.
• A diary: here you could record details of symptoms suffered and treatment provided.
• Witness details: contact details for witnesses to the poor care received.

The more comprehensive the body of evidence presented, the stronger your case may be.

Time Limits When Starting A Claim

Pressure sore claims, like any compensation claim, are subject to a strict time limit. In most instances, if you are claiming on your own behalf the time limit is 3 years from the date of the accident or injury. This is called the limitation period and it is set out in the Limitation Act 1980.

This time limit may be suspended or not be applicable where,

• The claimant is under the age of 18. In such cases the limit begins on their 18th birthday.
• The claimant has reduced mental capacity. In this case the 3 year limit will only become applicable if the person regains their capacity.

In any instance, it is important to start your claim for pressure sores as promptly as possible.

Claiming On A No Win No Fee Basis

Making pressure sore claims on a No Win No Fee basis, using a Conditional Fee Agreement, could make the process more accessible by removing upfront solicitors fees. Instead, under this type of agreement you won’t have to pay any solicitors fees in advance. You will also only need to pay for their services if your claim is successful.

If your claim is successful, your solicitor would deduct a pre-agreed percentage of your compensation to cover their costs. This percentage is legally capped and set out in your agreement. If you aren’t awarded compensation, there is nothing to pay for their work.

Learn more about how to win a personal injury claim by speaking to an advisor today.

How Legal Helpline Can Help You Claim

When you contact Legal Helpline, one of our advisors could offer you a free case assessment. Following this, they could connect you to a solicitor form our panel who could help guide you through the pressure sore claims process. They could also provide you with support and guidance, helping you to build a strong case and to secure the pressure sore compensation you deserve.

A solicitor from our panel could:

• Provide you with a free initial consultation during which we review your case and provide specialist advice.
• Provide you with expert legal representation.
• Handle your case under a No Win No Fee agreement.
• Provide personalised help and support.

To learn more about how we could help you claim pressure sore compensation, contact us by,

• Completing our online enquiry form.
• Using our online chat.
• Calling 0333 000 0729.

More Information

Here we include links to relevant guides on our site, as well as helpful references on pressure sores.

• Find out how to claim for care home prescription errors in this guide.
• Learn more about how to claim if you were given the wrong medication in a care home in this guide.
• Read about more examples of hospital negligence here.

Resources.

• Read about pressure damage prevention and how to prevent pressure sores in this NHS article.
• This Care Quality Commission resource looks at how to find a care home.
• Find out rates of Statutory Sick Pay in this government guide.

We hope our guide on pressure sore claims has been helpful and informative. Whether you are considering taking legal action or need further expert help and advice, our team is here to support you.