Pressure sores, also known as bed sores or pressure ulcers, are painful injuries that affect the skin and the surrounding area. In certain cases, they are entirely preventable with prompt diagnosis and the correct standard of care. Pressure sore claims happen when medical professionals fail to meet that standard, causing their patients unnecessary harm.
Our guide aims to discuss:
- Who is eligible to claim compensation
- The common reasons why pressure sore claims happen
- How the severity of bed sores can affect compensation
- How to claim, including what evidence you may need
- How our No Win No Fee solicitors could help you start your claim
At any point in our guide, you can contact our advisory team to get a free case assessment. If you’re ready to find out whether you could claim compensation, please use the details below:
- Call us on 0800 073 8804
- Use our built-in live chat feature
- Fill out our contact us form
Frequently Asked Questions
- Who Can Make Pressure Sore Claims?
- The Average Bed Sore Claims Compensation Amounts
- Is There A Time Limit To Make Pressure Ulcer Claims?
- What Pressure Sore Negligence Claims Evidence Is Needed?
- The Common Pressure Sore Compensation Claims Causes
- Claiming For Bed Sore Compensation On A No Win No Fee Basis
- More Information
Who Can Make Pressure Sore Claims?
In order for somebody to be eligible to make a pressure sore claim, 3 things must be proven:
- You were owed a duty of care, such as from a medical professional
- They breached this duty
- The breach directly caused you to suffer unnecessary harm
Essentially, a duty of care means that medical professionals must provide patients with a standard of care that meets the minimum expected of them. If you suffer avoidable harm as a result of those standards not being met, you may have the basis of a valid medical negligence claim. We’ll discuss how a healthcare provider could fall short of standards later on in this guide.
However, before we continue to the next section, we want to note that not all bed sores will be the result of medical negligence. In some cases, factors like pre-existing medical conditions may mean that the sores are unavoidable, even when medical professionals follow appropriate prevention strategies.
What Happens If An Individual Is Unable To Claim For Themselves?
Where someone suffering from pressure sores is unable to claim for themselves, certain adults have the option of becoming their litigation friend. This role is usually occupied by a parent, but can also be filled by others, including solicitors. Litigation friends are responsible for various duties, including:
- Acting in the best interests of the claimant
- Signing documentation and undergoing the claims procedure on their behalf
In medical negligence claims, litigation friends are used when an individual is either a minor or has diminished mental capacity. Both groups cannot legally claim in their own right unless they meet certain conditions.
If you would like to discuss those conditions or being a litigation friend, call us today to connect with one of our advisors.
The Average Bed Sore Claims Compensation Amounts
Pressure sore claims can compensate for the harm you suffered (general damages) and related financial losses (special damages). To help value general damages, solicitors may refer to the Judicial College Guidelines (JCG). This publication outlines compensation guidelines for various forms of harm, both physical and psychological.
The table below outlines some of the document’s guideline amounts. Please note that these brackets are suggestive, and the first figure has not been taken from the JCG.
| Harm | Compensation |
|---|---|
| Multiple Severe Forms of Harm + Special Damages | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Moderately Severe Brain Damage | £267,340 to £344,150 |
| Loss of Both Arms | £293,850 to £366,100 |
| Loss of One Arm (i) | Not Less Than £167,380 |
| Loss of Both Legs | £293,850 to £344,150 |
| Above-Knee Amputation of One Leg | £127,930 to £167,760 |
| Kidney (i) | £206,730 to £256,780 |
| Kidney (ii) | Up to £78,080 |
| Kidney (iii) | £37,550 to £54,760 |
How Is Pressure Sore Compensation Calculated?
Generally, compensation is calculated by considering things like:
- The severity of your pressure sores
- The expected length of your recovery
- The impact the sores have had on your body, mental health, and quality of life
Moreover, the compensation you might receive may be influenced by how your pressure sores are graded. Keep reading for more information about this classification system.
Bed Sore Classifications
There are 4 grades of bed sores:
- Grade 1: Redness and tenderness to the affected area, but no open wound
- Grade 2: Partial-thickness skin loss, with the top layers of skin damaged, such as the epidermis and the dermis. Abrasion or blistering on sight
- Grade 3: Full-thickness skin loss, with both necrotic (dead) tissue and pus present. It may appear like a hole or crater in the skin
- Grade 4: The wound and surrounding area have become totally necrotic, exposing muscular tissues and bone of the affected area
The more serious the grade, the higher the likelihood that there will be lasting health issues and a longer recovery. For instance, grade 4 bed sores may lead to chronic pain and amputations. This impact can have far-reaching consequences for a person’s health, quality of life, and finances, which may affect the amount of compensation they receive.
We understand that all pressure sore claims are different, and our team can work with you to assess your specific situation. Contact us today to learn more about pressure sore negligence compensation and how we can help you.
Could Financial Losses Be Compensated?
Yes, financial losses can be compensated under special damages. If you’ve suffered from pressure sores, you may already be aware of the lasting impact they can have on finances. Special damages aim to reimburse you for your losses, and they will consider things like:
- Loss of earnings as well as future income
- Medical costs, including treatments and prescriptions
- Travel expenses, such as those incurred while attending medical appointments
- Care costs if your pressure sores left you in need of assistance
- Rehabilitation and physiotherapy to support your recovery
In order for you to be able to claim special damages, you must be able to prove your financial losses. Depending on what losses are claimed for, you could use evidence like payslips, medical invoices, and receipts.
As part of the services on offer, our expert solicitors can help you gather this evidence to support your claim. Contact our advisors today to be connected with one of our solicitors.
Is There A Time Limit To Make Pressure Ulcer Claims?
For pressure sore claims, you will usually have 3 years from the date you suffered unnecessary harm or became aware someone’s negligent actions caused it. This time limit is in line with the Limitation Act 1980.
There are exceptions to this time limit for minors and individuals whose mental capacity is diminished. As we’ve mentioned, both groups are unable to legally start a claim by themselves, meaning time limits are paused unless certain certain conditions are met.
Specifically, the 3-year limitation period will not apply to minors until the day they are 18. For mentally incapacitated individuals, time limits are frozen unless they make a recovery. If there is a recovery, then the standard 3-year window will apply from the point that their ability to claim independently returns.
As we’ve also discussed, both groups can be represented by a litigation friend while time limits are frozen. You can learn more about time limits and their exceptions by reaching out to our helpful advisory team.
What Pressure Sore Negligence Claims Evidence Is Needed?
In order to maximise your chance of having a successful claim, you need evidence proving medical or hospital negligence and how it caused you to suffer unnecessarily. We recommend using evidence like:
- Photographs of your bed sores, showing their severity and development over time
- Descriptions of the wound, any drainage dates, or differences noted
- Contact details for anyone who might have seen you receiving negligent care
- Copies of relevant correspondence, such as a complaint about your treatment
Moreover, your GP or medical records could help demonstrate whether you were particularly at risk of developing pressure sores or highlight shortcomings in the care you got. In addition, your records may detail when you were diagnosed, the grade of your sores, and what treatments you received.
Our professional solicitors can help you gather evidence and advise on what evidence might be most beneficial for your claim. You can speak to our team if you’d like more information about evidence or the work of our solicitors.
The Common Pressure Sore Compensation Claims Causes
Below, you will find some of the more common causes for pressure sore claims:
- Prolonged exposure to moisture: Constant exposure to moisture can quickly cause the skin to weaken, further increasing the risk of pressure sores. A nurse may negligently contribute to a person suffering unnecessarily from sores if they fail to check urinary catheters, stoma bags, or a patient’s perspiration
- Inadequate use of medical devices: Specialist equipment, such as mattresses or cushions, can be applied to areas at greater risk of pressure sores. A carer who does not use these devices when required may worsen existing ulcers or leave a patient suffering from otherwise preventable pressure sores
- Infrequent patient monitoring: Patients’ skin conditions should be monitored frequently, and they should be repositioned often enough to prevent the development or worsening of pressure sores. A nurse may be at fault if they fail to regularly move an immobile patient, thereby allowing sores to develop
These are not the only situations where pressure sores can develop, so please don’t worry if you don’t see your specific situation here. Keep reading as we discuss the impact pressure sores can have on those affected by them.
How Can Pressure Sores Cause Complications?
Without prompt diagnosis and appropriate treatment, pressure sores can quickly deteriorate. If left untreated, patients may find that the sores affect the surrounding muscular tissue and bones. Serious cases can also lead to life-threatening complications such as:
- Sepsis, or blood poisoning from the infection
- Bone or joint infections
- Necrosis of other tissues
- Amputation
- Brain damage
- Organ failure
Medical professionals may contribute to these issues if they provide substandard care or negligent treatment. For instance, a doctor who fails to listen to your symptoms may delay a diagnosis, leaving your sores to deteriorate to a more severe grade.
This delayed treatment could result in you developing long-term health issues that would otherwise have not happened. In turn, you may be at increased risk of infections and face a longer road to recovery.
However, as we’ve already mentioned, not all pressure sores are preventable. You may still suffer from them even if your healthcare provider provides you with the correct standard of care.
If you’d like to discuss your specific circumstances, please use the contact details listed in this article for free, confidential advice from our team.
Claiming For Bed Sore Compensation On A No Win No Fee Basis
If you choose to work with our solicitors, you could make a claim under the terms of a Conditional Fee Agreement (CFA). This type of No Win No Fee claim means that:
- You won’t pay solicitors’ fees at the start of the claim
- You won’t face additional solicitor fees during the process
- You won’t pay any fee for your solicitor’s work if you don’t receive compensation
Only if your claim succeeds would a fee be deducted from your compensation. This success fee is payment for your solicitor’s work, and the percentage taken is capped in accordance with the Conditional Fee Agreements Order 2013.
Contact Legal Expert’s Solicitors
Here at Legal Expert, we are here to help and support you every step of the way. Our medical negligence solicitors have years of experience advocating on behalf of clients and have already secured more than £80 million in compensation.
If you are ready to get started or have any questions about the claims process, you can contact us by:
- Call us on 0800 073 8804
- Use our built-in live chat feature
- Fill out our contact us form
More Information
For more information, read our guides on:
- How to claim if you have contracted MRSA in a hospital
- Our medical negligence claims calculator
- What is classified as medical negligence in the UK
Useful external resources:
- Guidance on how to manage pressure sores from the NHS
- How to claim statutory sick pay from GOV.UK
- Information on the prevention of pressure sores from NICE
Thank you for reading our guide on pressure sore claims.
