Pressure sores, also known as bed sores or pressure ulcers, can cause significant pain and suffering. They often develop when someone isn’t given the proper care they require, particularly in environments like care homes or hospitals. If you or a loved one has experienced this harm due to negligent care, you might be wondering how to sue for pressure sores and seek justice for the harm caused.
Key Takeaways
- Pressure sores can result when proper care standards are not upheld.
- Legal action can be taken against private healthcare providers or the NHS.
- Compensation for pressure sores may cover physical pain, emotional distress, financial losses (e.g., medical costs and lost earnings), and long-term care needs.
- Evidence such as medical records and photographs of injuries strengthens claims.
- Acting on behalf of a loved one is possible if they cannot claim for themselves.
Taking legal action not only helps secure compensation for your suffering, but also ensures accountability where standards of care have fallen short. With expert guidance, you can navigate this process confidently and focus on recovery.
You can contact us for free by:
- Calling 0800 408 7827
- Filling out our ‘Contact Us‘ page.
- Sending a message in the on-screen live chat box.
Jump To A Section
- How To Sue For Pressure Sores
- What Pressure Sore Compensation Could I Be Entitled To?
- How Do Pressure Sores Develop?
- What Is The Grading System Used For Bed Sores?
- Are Pressure Ulcers Always A Result Of Negligence?
- What Steps Should Be Taken To Try And Avoid Pressure Sores?
- The Risks Associated With Pressure Ulcers
- What Should I Do If I Have Bed Sores?
- Free Advice From How To Sue
- Frequently Asked Questions
- Learn More
How To Sue For Pressure Sores
If you are receiving care from a healthcare professional, they owe you a duty of care. This means they must provide a standard of care that meets the correct professional standards.
To pursue a claim for pressure sores, you need to demonstrate the following:
- You were owed a duty of care by the healthcare provider.
- This duty of care was breached through substandard actions or inactions.
- You suffered harm that could have been avoided.
Contact us to confirm your pressure sore claim eligibility today.
Can I Sue The NHS For Pressure Sores?
Yes, you can sue the NHS for pressure sores if NHS medical professionals failed to meet their duty of care.
Our team offers free advice on claiming compensation against the NHS. Contact us today for guidance tailored to your case.
Claiming For Pressure Sores On Behalf Of A Loved One
If a loved one, such as a child (under the age of 18) or someone with reduced mental capacity, has suffered from pressure sores, you may be eligible to make a claim on their behalf. This is because individuals in these circumstances are unable to pursue claims independently.
As a family member or another appropriate adult, you can act as a litigation friend while they are unable to pursue their own claim. In this role, you can assist by collecting evidence, collaborating with a solicitor, and filing a claim against the responsible party.
For more information about making a pressure sore negligence claim on behalf of a child or a mentally incapacitated adult, feel free to reach out to our team.
What Pressure Sore Compensation Could I Be Entitled To?
When claiming compensation for pressure sores, the amount awarded typically falls into two categories: general damages and special damages.
- General Damages: These compensate for the psychological and physical pain and suffering caused by the pressure sores.
- Special Damages: These cover financial losses incurred due to the pressure sores.
The Judicial College Guidelines (JCG) are often used to assess compensation amounts for general damages. These guidelines provide a framework based on the type and severity of the harm, ensuring fair and consistent awards.
The table below includes guideline compensation amounts from the JCG for different types of avoidable harm that can be caused by pressure sores. Please note that these amounts cannot be guaranteed because all pressure sore claims are unique. Also, the top figure is not from the JCG.
Type of harm | Harm severity | Guideline award bracket |
---|---|---|
Multiple serious types of harm with special damages | Serious | Up to £1,000,000+ |
Brain damage | Very severe (a) | £344,150 to £493,000 |
Less severe (d) | £18,700 to £52,550 | |
Amputation of arms | Loss of both arms (a) | £293,850 to £366,100 |
Loss of one arm (b)(iii) | £117,360 to £133,810 | |
Leg | Amputations (a)(i) loss of both legs | £293,850 to £344,150 |
Amputations (a)(iv) below-knee amputation of one leg | £119,570 to £162,290 | |
Dermatitis | Dermatitis of both hands (a) | £16,770 to £23,430 |
Dermatitis of one or both hands (b) | £10,550 to £13,930 |
How Is The Amount Of Bed Sores Compensation Determined?
The value of compensation for bed sores is influenced by several factors, divided into general and special damages:
Factors Affecting General Damages:
- The severity of the pain and suffering caused by the bed sores.
- The extent of the physical harm and its impact on daily life.
- The duration of recovery or whether the harm has long-term effects.
- Psychological trauma or emotional distress resulting from the harm.
Financial Losses Covered Under Special Damages:
- Medical expenses, including treatment and rehabilitation costs.
- Travel expenses for attending medical appointments.
- Loss of earnings due to time off work.
- Costs of care or assistance required during recovery.
- Mobility aids, if necessary.
To claim special damages, you must provide evidence such as receipts, invoices, or payslips to support the financial losses incurred.
If you believe you may be entitled to compensation for bed sores, don’t wait. Reach out to our expert team today for a free consultation.
How Do Pressure Sores Develop?
Pressure sores, or pressure ulcers, develop when prolonged pressure restricts blood flow to the skin and underlying tissue. Without sufficient oxygen and nutrients, these areas can become damaged. Immobile individuals are particularly at risk.
Common Causes of Pressure Sores:
- Immobility: Being bedridden or wheelchair-bound for extended periods.
- Friction: Skin rubbing against surfaces like bedding or clothing.
- Moisture: Excessive sweating or incontinence breaking down skin layers.
- Poor Nutrition: Lack of essential nutrients weakening the skin’s integrity.
- Medical Conditions: Diabetes or spinal cord injuries reducing circulation.
Risk Factors Increasing Vulnerability:
- Advanced age reducing skin elasticity.
- Chronic illnesses impairing healing capacity.
- Poorly maintained medical equipment causing unnecessary friction.
Our team offers free advice on making a pressure sore compensation claim for you or a loved one. Contact us today to discuss how we can assist.
What Is The Grading System Used For Bed Sores?
The grading system for bed sores, also known as pressure ulcers, categorises the severity of tissue damage into four distinct grades. This system helps medical professionals assess and treat these injuries effectively.
Grade 1
Grade 1 pressure sores involve superficial damage to the skin without breaks or open wounds. The affected area may appear red, discoloured, or feel warm to the touch.
Early intervention is essential at this stage to prevent further progression. Regularly repositioning immobile patients and ensuring proper skincare can help relieve pressure and avoid worsening conditions.
Grades 2 & 3
Grades 2 and 3 describe moderate levels of tissue damage with visible wounds forming due to untreated pressure sores. At these stages, deeper layers of skin are affected.
Medical negligence claims often arise at these stages when healthcare providers fail to implement preventative measures such as regular repositioning or monitoring high-risk patients.
Grade 4
Grade 4 represents the most severe form of pressure ulcers involving extensive tissue destruction that exposes muscle, bone, or tendons beneath. These injuries can lead to life-threatening complications if not treated urgently.
Understanding the severity of bed sores is crucial for building a strong claim. Contact our team today to learn how the grading system could impact your compensation and get expert advice tailored to your case.
Are Pressure Ulcers Always A Result Of Negligence?
Pressure ulcers aren’t always caused by negligence, as some cases occur despite proper care. However, many pressure sore claims arise when healthcare professionals fail to meet their duty of care.
Situations Where Negligence May Apply:
- Lack of Risk Assessments: Failing to assess an individual’s risk of developing pressure sores, particularly for immobile patients.
- Inadequate Preventative Measures: Not implementing preventative actions such as repositioning or using specialised mattresses.
- Insufficient Monitoring: Ignoring early signs like redness or partial-thickness skin loss that could progress into serious pressure sores.
- Poor Hygiene Standards: Allowing moisture or friction from soiled bedding to exacerbate skin damage.
- Failure in Nutrition Support: Not addressing malnutrition, which increases the risk of developing underlying tissue damage.
Cases Where Negligence May Not Apply:
- Unavoidable Factors: Severe medical conditions (e.g., spinal cord injuries) may increase vulnerability regardless of care quality.
- Rapid Progression: Some pressure ulcers develop quickly despite efforts to relieve pressure or improve blood flow.
If you suspect you or a loved one suffered due to poor care standards, legal action may be possible. Contact us for free initial advice on how to make a No Win No Fee pressure sore compensation claim. Our experts can help assess your case.
What Steps Should Be Taken To Try And Avoid Pressure Sores?
Preventing pressure sores involves proactive care and regular monitoring. Healthcare professionals, carers, and individuals can implement measures to reduce the risk of developing pressure ulcers:
- Frequent Repositioning: Change positions regularly to relieve pressure on vulnerable areas like the hips, back, and heels. For immobile patients, repositioning every 2 hours is often recommended.
- Use Supportive Equipment: Utilise specialised mattresses or cushions designed to distribute weight evenly and reduce prolonged pressure.
- Maintain Skin Integrity: Keep skin clean and dry to prevent moisture-related irritation. Apply barrier creams as necessary to protect against friction.
- Assess Risk Factors: Conduct regular risk assessments using tools such as the Waterlow Score to identify those at higher risk of developing pressure sores due to conditions like advanced age or reduced mobility.
- Promote Nutrition And Hydration: Ensure a balanced diet with adequate protein intake and hydration levels, which support skin health and recovery.
- Monitor Skin Condition: Check for early signs of redness or damage in high-pressure areas daily to address concerns before they progress into severe forms.
Contact us for free advice on how to sue for pressure sores.
The Risks Associated With Pressure Ulcers
Pressure ulcers pose significant risks to both physical health and overall well-being. These injuries, caused by prolonged pressure on the skin and underlying tissue, can lead to severe complications if not managed promptly.
Health Risks
- Infection: Open wounds from pressure ulcers may allow bacteria to enter, potentially causing blood poisoning (sepsis) or life-threatening infections like joint infection or gangrene.
- Tissue Damage: Severe forms of pressure sores can result in cavity-like wounds or damage extending to deeper layers such as muscles and bones.
- Reduced Mobility: Pain and discomfort from bed sores often worsen immobility, increasing the risk of developing further ulcers.
Risk Factors for Developing Pressure Ulcers
Certain conditions heighten vulnerability to bed sores:
- Immobility: Being confined to a bed or wheelchair for a prolonged period restricts blood flow, increasing ulcer risk.
- Chronic Illnesses: Conditions such as diabetes or spinal cord injuries reduce healing capacity.
- Ageing Skin: Older adults face higher risks due to thinner skin and reduced elasticity.
Contact our team for free advice on how we assist with your pressure sore compensation claim.
What Should I Do If I Have Bed Sores?
If you’re suffering from bed sores, taking immediate action is essential to prevent worsening and address potential negligence. Follow these steps:
- Seek Medical Attention: Consult medical professionals promptly for treatment. Early intervention can prevent serious complications, such as infections or tissue damage.
- Document Evidence: Record the progression of your pressure sores with photographs, keep a pain diary, and save all medical records related to your care.
- Contact Us Before The Time Limit Runs out: In most cases, as per the Limitation Act 1980, you must make a medical negligence claim within 3 years from the date medical negligence occurred, or from when you first became aware that medical negligence occurred. There are exceptions for children and individuals lacking mental capacity, where different time limits may apply.
Free Advice From How To Sue
You can access free advice on how to sue for pressure sores by contacting our team. Our panel of solicitors offers a Conditional Fee Agreement (CFA), a specific type of No Win No Fee arrangement, to help clients pursue their claim regardless of their financial situation.
Benefits of a CFA:
- No upfront or ongoing solicitor fees: You don’t need to pay any solicitor fees to start your claim.
- Financial security: If your claim is unsuccessful, you won’t be required to pay your solicitor’s fees. If your claim is successful, only a small, legally-capped percentage of your compensation (a ‘success fee’) will be deducted.
- Motivated representation: Solicitors working under a CFA are incentivised to achieve the best possible outcome for your case.
Contact our team today for free to explore no-obligation advice about pursuing compensation claims for pressure sores:
- Calling 0800 408 7827
- Filling out our ‘Contact Us‘ page.
- Sending a message in the on-screen live chat box.
Frequently Asked Questions
How Long Will It Take To Settle A Pressure Ulcer Claim?
The time required to settle a pressure ulcer claim depends on factors such as case complexity and evidence availability. On average, claims may take several months to over a year.
- Straightforward cases: Claims involving clear evidence of negligence typically resolve faster.
- Complex cases: Cases requiring extensive medical assessments or involving severe injuries might take longer due to additional investigations.
- Compensation negotiation: The process can extend if disputes arise over liability or settlement amounts between the parties involved.
Will A Medical Assessment Be Needed For A Pressure Sore Claim
A medical assessment is usually necessary for most pressure sore claims. This provides critical evidence of the severity of avoidable harm caused by negligent care.
Purpose of assessment:
- Confirm the diagnosis of bed sores
- Determine stages (Grades 1–4)
- Link harm directly to substandard care provided by healthcare professionals
- An independent medical professional evaluates your condition.
Are Pressure Sores A Safeguarding Issue?
Pressure sores can be considered a safeguarding issue when they result from neglect or poor care standards within healthcare settings like hospitals or nursing homes.
Learn More
Here are a few of our other medical negligence claims guides:
- How to sue for a prescription error.
- How to sue a doctor.
- How to sue for nerve damage.
Here are also some useful external resources:
- Care Quality Commission (CQC) – find a hospital and check its quality of care.
- NHS – how to access your medical records.
- Royal College of Nursing (RCN) – see in more detail what duty of care is expected from nurses.
Understanding your rights and the claims process is essential when pursuing a claim. Seeking professional advice ensures you’re supported every step of the way, helping you focus on recovery while holding those responsible accountable. If you or a loved one has suffered, take action today to discover how to sue for pressure sores.