Pressure Sore Claims Against Care Homes And Hospitals

Pressure sores are a highly prevalent and often preventable complication which can be caused by prolonged, unrelieved pressure on an area of the skin. Pressure ulcers or sores affect 700,000 people, with 180,000 annual new instances, as shown in statistics from the National Institute for Clinical Excellence. These sores can be extremely painful and, if left untreated, can lead to the destruction of tissues and can even be fatal in cases where severe infections are allowed to develop. Pressure sore claims enable those harmed in a hospital or care home to seek compensation.

Key Facts

• Per government guidance, there are 6 grades of pressure ulcers.
• Pressure ulcers are more likely to affect older patients and can result in longer hospital stays.
• They are associated with a fivefold increase in mortality in older patients.
• You can claim on behalf of your loved one for pressure sore negligence.
• A specialist solicitor could help a compensation claim for pressure sores on a No Win No Fee basis.

Pressure sore negligence claims could be made against care providers for avoidable or preventable harm. Learn how to claim with one of our solicitors;

 

What Are Pressure Sores?

Pressure sores (also known as pressure ulcers or bedsores) are injuries to the skin and underlying tissue which can be caused by prolonged pressure, shear, or friction. They are commonly caused by:

• Staying in one position for too long. This can impact surgical patients, those with reduced mobility, and the immobile.
• Poor circulation and fragile skin.
• Shear or friction, such as by sliding down a bed or chair, etc.

Bedsores typically occur in bony areas of the body, such as the tailbone, elbows, shoulder, or heels, but can also occur elsewhere. Sores restrict blood flow to the affected area, damaging the skin and underlying tissues. They can lead to serious harm such as open wounds and severe infections.

Symptoms of pressure ulcers can include:

• Discolouration of the skin.
• Swelling.
• Skin which is hot to the touch.
• Hard or spongy skin.
• Physical pain and/or itchiness.

How Are Pressure Sores Graded?

Pressure sores are graded based on tissue depth, including categories for unstageable and deep tissue injuries. The stages are named in the government resource linked above.

• Stage I – non-blanchable. The skin is intact and redness does not blanch when pressed. Sores may appear blue, purple, or darker than surrounding skin.
• Stage II – Partial thickness. There is superficial loss of the epidermis or the dermis (below). There may be a shallow open ulcer and wound or blisters.
• Stage III – Full thickness. There is skin loss and a deep wound with necrosis or other damage to subcutaneous tissues. Fat (below the skin) may be visible.
• Stage IV – Full Thickness. Here tissue loss may be extensive and deep, exposing tendons, ligaments, muscle, or bone.
• Suspected Deep Tissue Injury. Skin may or may not be intact with localised and persistent discolouration which is non-blanchable. May resemble a blood blister.
• Unstageable. The depths of the wound is covered, preventing a full visual assessment.

Pressure sore claims enable people to seek compensation for these (and other) forms of harm. Please speak to an advisor if you or a loved one have been impacted by any of the forms of harm outlined in this resource.

Examples of Pressure Sore Negligence Scenarios

Examples of pressure sores negligence includes scenarios such as care home or hospital patients not being repositioned regularly, risk assessments not being carried out, and inadequate checks on patients skin.

A Hospital Patient Is Not Repositioned
An immobile patient who has been identified as being at high risk of developing pressure sores is not repositioned, regularly being left in one position for a long period of time. They develop bedsores which become infected.

Care Home Neglect
Care home staff do not regularly turn, move, monitor, or provide pressure-relieving bedding to an elderly resident who is immobile. The resident develops pressure sores which are not noticed and go untreated, causing pain and distress.

Failing To Carry Out Risk Assessments
Care home staff fail to carry out a risk assessment on a new patient. Staff fail to identify potential risks and do not implement preventative measures, allowing bedsores to develop.

Inadequate Skin Checks
Staff in a hospital fail to identify the early stages of a patient developing pressure sores, such as broken or red skin. The pressure sores lead to an infection.

Failure To Provide Pressure-Relieving Equipment
A care home patient is identified as being at risk of developing bedsores but is not provided with pressure-relieving equipment.

Poor Wound Care And Hygiene
A hospital patient’s bed sores are not appropriately cared for, not being dressed or cleaned properly. This increases the patient’s risk of developing an infection, leading to osteomyelitis.

Learn more about different examples of pressure sores that could be claimed for in by talking to our team.

Who Can Make Pressure Sore Claims?

Pressure sore claims can be made by anyone who has experienced negligent care, resulting in preventable harm. They can also be made on behalf of a loved one who is unable to manage a claim themselves. There are 3 basic criteria which all compensation claims must meet. We explore these below.

1. You Or Your Loved One Were Owed A Duty Of Care
Those providing care services to patients must meet certain legal and professional standards. Per this duty, they should take reasonable steps to ensure you do not avoidably or unnecessarily suffer pressure sores.

2. They Breached This Duty
Next, you must show that they were in breach of this duty and allowed pressure sores to develop, such as by not regularly moving and repositioning you or your loved one. You need to show that the person was in breach of expected standards of care.

3. You Or Your Loved One Suffered Avoidable Harm
In this instance, that you suffered bed sores which could have been prevented, had the party in question provided care in line with professional guidelines. It is crucial that you can show that avoidable harm was suffered which is medically recognised.

Please contact our team to discuss pressure sore claims and find out how one of our solicitors could support you.

Can Pressure Sore Compensation Be Claimed From The NHS?

Pressure sore compensation can be claimed from the NHS in cases where you can show medical negligence has occurred. Medical professionals have a duty to dispense care which meets minimum expected standards. Where they fail to do so, and avoidable pressure sores occur, you could make a compensation claim.

Medical negligence claims made against the NHS are handled by NHS Resolution. Records show that in the period 2023/24 £1,060,201 was paid out in legal costs and compensation by the NHS for pressure sore claims.

NHS pressure sore compensation claims are brought against the relevant Trust. You can also bring claims against private healthcare providers. Please talk to our team to learn about No Win No Fee pressure sore claims.

What Are The Possible Complications Of Bed Sores?

Possible complications of untreated pressure sores could include bacterial infections, cellulitis, and (potentially life-threatening) sepsis. Developing pressure sores or the failure to correctly treat them could lead to:

• Pain and distress.
• Infections, including:
• Cellulitis which impacts deeper layers of the skin.
• Osteomyelitis, a bacterial infection of the bone.
• Sepsis. Blood poisoning can result from untreated infections and can be fatal.
• Gas gangrene. This bacterial infection causes gas to form in the soft tissues. It progresses rapidly, involving tissue death and gas production.

These complications of developing pressure sores can lead to amputations, brain injuries, and could be fatal. Get in contact with our team if you or a loved one have been impacted by these (or other) complications caused by bed sores.

How Much Pressure Ulcer Compensation Could Be Awarded?

How much compensation for pressure sores you could claim will depend on the harm you suffered. Cases where a claimant develops untreated pressure sores leading to sepsis could result in severe brain damage valued between £344,150 and £493,000. This is inline with guidelines published by the Judicial College (JCG). Legal professionals may use these guidelines when valuing injuries and harm.

Below, we present figures from the JCG (with the exception of row 1). These figures are only intended for guidance and do not represent the specifics of any given pressure sore claim.

Can Pressure Sore Claims Compensate For Other Damages?

Pressure sore claims can compensate for other damages, such as medical expenses, resulting from the harm outlined above. You could claim for:

• Lost income and earnings.
• Medical expenses.
• Care home costs.
• Domestic care costs.
• Travel to legal and medical appointments.

You will need to provide financial records, such as bank statements and invoices, in order to prove these losses. An advisor can further explain how pressure sore claims could be valued. Please get in touch with our team.

What Is The Process For Claiming Bed Sore Compensation?

The process for claiming bed sore compensation involves taking several, practical, steps such as reporting the harm you suffered, seeking medical care, and keeping a diary of its impact on you. These steps include:

Prioritise Your Health
Your first step should be to seek treatment for your pressure sores. This may involve:

• Being given a special mattress,
• Being regularly moved,
• Your wounds being dressed and changed regularly.
• Antibiotics to treat any infections.

Collecting Evidence To Support Your Case
You should collect evidence such as:

• A diary of your symptoms.
• Copies of your medical records. These can be obtained from the NHS or private health and care providers.
• Photos of your pressure sores and other wounds.
• Written correspondence with the party you are claiming against.

You can learn more about how to prove medical negligence in this resource.

Report The Healthcare Negligence
You should report the pressure sore to the relevant party, such as,

• Your hospital or healthcare provider.
• Your care home operator or service provider.

This may involve following the health or care providers reporting processes.

Keep An Injury Diary
Keep a simple diary in which you record,

• The symptoms you are experiencing.
• Your level of pain and discomfort.
• The care or medical treatment you receive.
• Any financial losses you experience.

You can also help your loved one do this or encourage them to do so. Doing so can help highlight the impact of the bed sores.

Seek Legal Advice
One of the experienced pressure sore solicitors from our team could help you to learn more about the claims process and help you to secure a compensation settlement.

Pressure Sore Claims Time Limit

The limitation period for pressure sore claims is 3 years from the date you discovered you had been harmed. The 3 year limit is set by the Limitation Act 1980 and applies to instances in which an adult makes a pressure sore compensation claim on their own behalf.

In cases where the person does not have the requisite mental capacity, or is below the age of 18, the time limit is suspended. It can be resumed when a minor turns 18, or a person regains their mental capacity. When this time limit is not in effect, a suitable adult may act as a litigation friend and initiate a claim on this person’s behalf.

Please get in touch with our team for help and advice understanding the pressure sore claims process and time limits.

Pressure Sore Compensation Claims With Legal Expert

Pressure sore compensation claims could be made on a No Win No Fee basis with one of the experienced solicitors from Legal Expert. Below we look at some of the ways in which our advisors and solicitors could support claimants.

How Can Legal Expert Help With Pressure Sore Claims?

Legal Expert can help with pressure sore claims by collecting evidence, building your case, and filing it within the time limit. Our team could help by:

• Explaining how the claims process works as well as legal terms used.
• Assisting in collecting evidence, such as the results of an independent medical assessment.
• Connecting you to physiotherapy, rehabilitation, and occupational therapy services.
• Communicating with other parties, such as healthcare providers and the courts.
• Preparing your case to go to court or applying for an interim payment, where necessary.

Our specialist solicitors;

• Have already helped people secure over £80 million compensation.
• Bring decades of experience.
• Are experts in pressure sore compensation claims.

Can Pressure Ulcer Compensation Claims Be Made On A No Win No Fee Basis?

Yes, pressure ulcer compensation claims can be made on a No Win No Fee basis with one of our specialist solicitors. Following a free consultation, one of our solicitors could help you make a pressure sore claim on a No Win No Fee basis.

To do so, they may use a contract called a Conditional Fee Agreement (CFA). This allows them to work on your case, only charging for their work if you win. Their ‘success fee’ will automatically be deducted and is charged as a percentage of your compensation. There is a legal limit on the maximum percentage which may be charged. If you do not win your compensation claim, there is nothing to pay for their work.

Contact Our Solicitors

Contact our solicitors to find out more about pressure sore claims.

• Speak to an advisor live below.
• Phone 0800 073 8804.
• Click to contact us online.

More Information

Find more information on pressure sore negligence claims as well as related references

• View our guide on neglect in a care home resulting in death.
• Find more information on nursing home neglect.
• See how to sue a hospital for negligence.

References.

• Learn more about skin injuries, such as pressure sores, in this NHS resource.
• More information on claiming Statutory Sick Pay.
• View fundamental standards of care published by the Care Quality Commission.

You can get more information on pressure sore claims and comprehensive support from one of our specialist solicitors.