Pressure sores (also known as pressure ulcers or bed sores) can result in severe physical pain, infections, and long-term complications, especially if they are not promptly treated or prevented in vulnerable patients. If you have suffered from pressure sores due to substandard care, you may be entitled to compensation. This comprehensive guide will explain the process of making pressure sore claims and how compensation can play a role in your recovery.
Throughout this guide, we’ll cover the key aspects of pressure sore compensation claims, including who may be eligible to start one, how compensation might be calculated, and the steps required to build a strong case. We’ll also explain how the No Win No Fee process works and how one of our solicitors can support your medical negligence claim.
Whether the harm occurred in a hospital or care home, we can help assess whether you have a case for compensation. At Medical Negligence Solicitors UK Co, we are committed to helping all those who have been impacted by substandard care pursue compensation no matter where they are based in the country.
Contact Us
If you’re unsure where to begin, our team of advisors offers a free initial consultation to help you understand your options about making a medical negligence claim. Get in touch today to learn more by:
- Calling us on 0330 1230 546
- Starting your claim online
Frequently Asked Questions
- Can I Make A Pressure Sore Claim?
- How Much Compensation Could Be Awarded For Pressure Sores
- How Are Pressure Ulcers Graded?
- The Ways Medical Negligence Could Result In Bed Sores
- Could Pressure Sores Lead To Further Complications?
- What Will I Need To Bring A Claim For Pressure Sores?
- Can I Claim For Pressure Sores On A No Win No Fee Basis?
- More Information
Can I Make A Pressure Sore Claim?
Yes, you can make a pressure sore claim if you suffered unnecessarily because of substandard care. To have a valid case, you need to demonstrate the following:
- You were owed a duty of care by a healthcare provider, care professional, or facility (such as a hospital). This duty is automatically owed to every patient.
- That duty was breached because of a failure to provide a certain standard of care that met minimum expectations. For example, through inadequate monitoring or delays in diagnosing (or misdiagnosing) caused by substandard care.
- You suffered avoidable harm as a result, such as full-thickness skin loss, infection, or prolonged pain.
These 3 factors together form negligence, and if you can prove that negligence happened, then you may be able to make a claim for compensation. However, there are instances where pressure sores are unavoidable and not a consequence of substandard care. We’ll take a look at this in more detail later on in our guide.
Pressure Ulcer Claims Against The NHS
In some circumstances, pressure ulcer claims can be made against the NHS. Any claim you make would be handled by NHS Resolution, a body that acts somewhat like an insurer on behalf of NHS trusts. It has its own budget for paying out compensation, ensuring health services aren’t affected by successful medical negligence claims.
Can I Make A Claim For Bed Sores On Behalf Of A Loved One?
Yes, you can make a claim for bed sores on behalf of a loved one if they cannot pursue compensation on their own because they are under 18 or mentally incapacitated. In order to do so, you may act on their behalf as a “litigation friend.” You’ll need to make decisions in their best interests throughout the claim and keep them updated on the process where practical.
If you’d like to learn more about the pressure sores claim process or the role of litigation friends, contact our team of advisors today. Or, keep reading as we next discuss the matter of compensation.
How Much Compensation Could Be Awarded For Pressure Sores
The amount of compensation that can be awarded for pressure sores varies significantly depending on the specific circumstances of each case. Pressure sore compensation claims can be divided into 2 categories:
- General damages: These compensate you for the pain, suffering, and loss of amenity, including any emotional impact like stress or anxiety. A loss of amenity refers to how the harm you experienced has affected your day-to-day activities and overall quality of life.
- Special damages: This head of claim can allow you to claim for the financial impact of the harm you endured.
Solicitors may evaluate your general damages using the Judicial College Guidelines (JCG). These guidelines publish suggestive compensation brackets for both physical and psychological forms of harm.
You can take a look at some of these guideline compensation brackets below. Please keep in mind that these aren’t a guarantee of compensation, and the initial figure is not from the JCG.
| Harm | Compensation | Notes |
|---|---|---|
| Multiple Instances of Very Severe Harm Combined with Special Damages | Up to £1,000,000+ | Multiple kinds of very severe harm, which could include brain damage, alongside special damages for the cost of expenses like lost earnings and home adjustments. |
| Very Severe Brain Damage | £344,150 to £493,000 | At the higher end of bracket, claimant may be able to follow some basic commands. Nevertheless, there will be little to no indication of meaningful environmental response and language ability. |
| Moderate (i) Brain Damage | £183,190 to £267,340 | Cases will feature symptoms like an intellectual deficit that is moderate to severe, change in personality, and an impact on speech and senses. |
| Kidney (a) | £206,730 to £256,780 | Both kidneys will either be lost or seriously and permanently damaged. |
| Kidney (b) | Up to £78,080 | There will be a significant risk of urinary tract infections or other complete loss of the kidney's natural function. |
| Above-Knee Amputation of 1 Leg | £127,930 to £167,760 | Loss of leg from above the knee, with compensation depending on factors like the age of the claimant, the presence of phantom pain, and psychological effects. |
| Below-Knee Amputation of 1 Leg | £119,570 to £162,290 | Loss of leg from below the knee, with consideration given to factors like the success of prosthetics, the presence of pain, and psychological impact. |
| Loss of 1 Arm (iii) | £117,360 to £133,810 | Loss of arm from below the elbow. Top-end of bracket would involve an amputation through forearm, together with ongoing severe, physical and phantom pain. |
| A Number of Noticeable Laceration Scars or Single Disfiguring Scar | £9,560 to £27,740 | Multiple laceration scars, or 1 disfiguring scar affecting the arms, legs, back, hands, or chest. |
How Can Compensation Help After Developing Pressure Sores?
Compensation can help make a significant difference in your recovery and daily life after developing pressure sores. As touched on, you can recoup the financial losses you suffered because of your harm. These special damages vary greatly depending on the individual circumstances of your case, but may include:
- Medical expenses: The cost of private treatment, medications, and physiotherapy to help you manage or recover from your sores.
- Rehabilitation support: Expenses related to occupational therapy, mental health counselling, and other rehabilitative services.
- Mobility equipment and aids: Items such as wheelchairs, walking frames, or pressure-relieving mattresses that help reduce the effects of your sores.
- Home adaptations: Modifications like stair lifts, accessible showers, or ramps if you need to improve home accessibility to support independent living.
- Professional care: Costs associated with hiring nursing staff or carers, or compensation for the time spent by family members providing help with tasks like preparing meals.
- Loss of earnings: If you had to take time off or your ability to work has been impacted, including future earning potential or lost pension contributions.
- Travel and accommodation costs: Such as transport to medical appointments and, in some cases, lodging near treatment facilities.
These costs can accumulate quickly, so it’s a good idea to keep hold of evidence like bank statements to ensure you can make a claim for special damages. Contact our team of advisors today for further guidance on compensation in pressure sore claims.
How Are Pressure Ulcers Graded?
Pressure sores are categorised into 4 grades that describe their severity:
- Grade 1: Skin discolouration (red or purple) with no open wound. May feel warm or painful to the touch.
- Grade 2: Partial thickness skin loss affecting the outer layers (epidermis dermis), possibly appearing as a blister or shallow ulcer.
- Grade 3: There will be full-thickness skin loss, causing damage or necrosis of subcutaneous tissues. The sore may resemble a deep wound or crater.
- Grade 4: Extensive tissue necrosis or damage to skin, muscle, and bone. High risk of serious infection.
Early recognition and treatment are crucial to preventing sores from becoming more severe and damaging. You can share your personal experience of bed sores in complete confidence by reaching out to our team of advisors. They’re here to help and can also provide you with a free, no-obligation case assessment.
The Ways Medical Negligence Could Result In Bed Sores
Pressure sores can often be prevented with basic care. However, when healthcare staff fail to meet their responsibilities, medical negligence may be to blame. This might involve:
- Ignoring a patient’s need for regular repositioning: Immobile patients must be moved frequently to avoid sustained pressure on one area. If someone like a nurse fails to reposition patients regularly, especially those who are unconscious or paralysed, it can quickly lead to skin breakdown and ulcers.
- Not documenting or recognising clear signs of sores: Healthcare professionals must monitor skin integrity and document any indicators of bed sores. If they fail to identify or act upon early symptoms like redness or swelling, they may delay treatment and allow sores to progress.
- Poor care management for vulnerable patients: Individuals with limited mobility, poor nutrition, or circulatory issues require a tailored care plan. If there is a failure to risk assess such patients, it may result in pressure sores developing unnecessarily.
- Failing to respond to pain or discomfort: Patients who alert staff to pain or sensitivity in specific areas must be taken seriously. Ignoring these complaints can result in missed opportunities for early intervention, allowing bed sores to develop or worsen.
Will Bed Sores Always Be A Sign Of Negligence?
No, bed sores are not always a sign of negligence. In some cases, pressure sores may happen even when a patient is given the correct standard of care. Sores also occur more easily in some patients than others, such as those:
- Those with spinal cord injuries or limited mobility.
- The elderly or those with fragile skin.
- People with poor circulation or pre-existing health conditions like diabetes.
- Patients with incontinence, dehydration, or poor nutrition.
However, care providers are expected to anticipate these risks and take proactive steps to prevent pressure ulcers. If they fail to do so, and you develop sores that could have been avoided, you may have grounds for a claim. Contact our team today to get a free case assessment and find out if you can make a claim.
Could Pressure Sores Lead To Further Complications?
Yes, pressure sores may lead to further complications without timely and appropriate treatment, including:
- Sepsis or blood poisoning
- Osteomyelitis (infection in the bone)
- Joint infection
- Necrotising fasciitis (a fast-spreading soft tissue infection)
- Amputation
- Delayed wound healing and longer hospital stays
These complications can cause long-term damage or even be fatal. Our team are on hand to discuss pressure sore claims in more detail when you get in touch today.
What Will I Need To Bring A Claim For Pressure Sores?
You will need strong evidence in order to bring a claim for pressure sores. Evidence is important because it supports your version of events and demonstrates how the care provided fell below expected minimum standards. Your case may benefit from:
- Medical records showing the development and progression of the sore.
- Photographic evidence of the affected areas.
- The contact details of family, carers, or medical staff who might have seen the substandard care. This information can be passed along to your solicitor so they can gather statements for the case.
- Documentation of medical expenses and related financial losses.
- A report from an independent medical expert.
Our solicitors have seen first-hand just how important evidence can be, which is why they have built extensive experience helping clients gather proof for their cases.
If you’d like to find out how one of our solicitors could help you strengthen your case with evidence, contact our team of advisors today.
Can I Claim For Pressure Sores On A No Win No Fee Basis?
Yes, you can claim for pressure sores on a No Win No Fee basis if you meet the criteria outlined earlier in this guide. Our solicitors have handled claims nationwide under the terms of a Conditional Fee Agreement (CFA). This option allows you to pursue compensation without worrying about escalating solicitor fees.
Here’s how it works:
- No upfront solicitor fees: You don’t need to pay anything to start your claim.
- No additional solicitor fees: There won’t be any surprises as your claim progresses.
- Zero solicitor fees if your claim fails: If your case is unsuccessful, you won’t face dealing with any solicitor fees at all.
If you win, your solicitor will deduct a legally capped percentage of your compensation to cover their work. The success fee is agreed in advance, so you have peace of mind from the start that you’ll receive the bulk of compensation.
Working with one of our expert solicitors means:
- You’ll receive a clear and honest assessment of your claim’s chances of success.
- Tailored support and help accessing specialist services like physiotherapy.
- Expert handling of negotiations to secure compensation on your behalf.
- Regular updates and advice so you never feel out of the loop on the status of your claim.
Contact Our Team
Would you like to learn more about pressure sore claims? Our team are here to help. Get in touch today to find out if one of our solicitors could help you by:
- Calling us on 0330 1230 546
- Starting your claim online
More Information
To find some helpful medical negligence claims guides:
- Learn how to make a bowel surgery negligence claim
- Find out if you could be eligible for cancer misdiagnosis compensation
- Get help making a spinal surgery compensation claim
Or, to get further information from some external resources:
- Learn about the General Medical Council (GMC)
- NHS information on pressure sores
- See how NHS Resolution manages claims
Thank you for reading our guide to pressure sore claims.