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Advice On Pressure Sore Claims

Our solicitors can help eligible claimants to make pressure sore claims. Find out if you are eligible for compensation.

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Advice On Pressure Sore Claims

Our solicitors can help eligible claimants to make pressure sore claims. Find out if you are eligible for compensation.

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A Complete Pressure Sores Claims Guide

Over 700,000 patients suffer from pressure ulcers each year in the United Kingdom. They can be extremely painful and have potentially life-threatening effects if not treated in time. If you suffer from pressure sores due to the failure of medical professionals to treat you with the appropriate standard of care, you may be eligible to claim compensation. Successful pressure sore claims can help you to pay for the medical treatment you may require and reduce the stress of recovery. 

You can read our guide to find out what pressure sores are and what causes them. We have also detailed some of the common causes that give rise to pressure sores and the complications that can arise. 

Furthermore, we explain when you are eligible to make a medical negligence claim and whether you can sue the NHS. We also outline the factors that impact the amount of compensation you could be entitled to and how to get your claim started.

Finally, we explain why one of our solicitors might be a great fit for your case. They offer excellent legal services based on decades of combined experience. However, there is no pressure to decide whether you want to work with us at this stage. You can simply reach out to our advisors with any general queries or gain a free case assessment to determine your eligibility. 

What Are Pressure Ulcers And Bed Sores?

Pressure ulcers or bed sores refer to damaged areas of skin and the tissue beneath them. They often affect bony parts of the body, such as the hips or elbows. Symptoms include discoloured or warm areas of the skin, potentially causing itchiness and pain.

If you have suffered these due to the negligent actions of another, you may be eligible to receive compensation. 

Continue reading to see whether you may have a valid claim or contact our advisors to discuss your case.

Who Can Make Pressure Sore Claims? ​

You could make a pressure sore claim if you meet the following criteria:

  • A medical professional owed a duty of care to you
  • They failed to treat you in accordance with their duty
  • This resulted in you suffering unnecessarily from pressure sores

The duty of care all medical professionals owe is that they are required to meet a minimum standard of care when treating you. Doctors can refer to the General Medical Council (GMC) for guidance and resources to keep their knowledge up to date. 

In order to make a medical negligence claim, the type of harm that you suffer must be unnecessary. So, if you develop pressure sores despite the medical staff taking all the appropriate measures to care for you, you may not be eligible to claim compensation. 

However, if your injuries resulted from negligent care, you may be able to make a claim. For example, it is the responsibility of medical professionals to keep your body clean while you are in the hospital. This particularly applies to patients who are paralysed or in a coma and cannot clean themselves. If the hospital staff fail to keep the skin clean, this may result in pressure sores, for which you may be compensated. 

If you have any further queries about who can make pressure sore claims, our team is on hand to advise you. They can perform a free case assessment and advise you on the potential next steps. 

The Common Causes Of Pressure Sores

There are a variety of factors that can cause you to suffer from pressure sores. These include:

  • A lack of mobility
  • Having skin that is sweaty, broken or swollen
  • Having recent surgery or a severe illness requiring intensive care
  • Fragile skin or poor circulation
  • Difficulty feeling pain or sensation 
  • Having had a pressure sore previously

Pressure sores may occur due to a large amount of pressure being applied to the skin over a short period of time or less pressure being applied for a longer time period. The pressure prevents blood from flowing to the skin, resulting in oxygen starvation to the area. As a result, the skin begins to break down and an ulcer forms. 

You can speak with an advisor to discuss the cause of your bed sore injury in more detail. This can allow them to determine whether you meet the eligibility criteria in place for pressure sore claims, which we explain later in this guide. 

A patient sits by themselves on a hospital bed after suffering from form pressure sore negligence

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What Are The Potential Complications Of Bed Sores?

It is important that you seek medical treatment for bed sores as they can cause life-threatening conditions if left untreated, such as:

  • Gas gangrene- a bacterial infection causing gas to form in soft tissue
  • Blood poisoning (also known as sepsis)
  • Cellulitis- an infection impacting deep layers of the skin
  • Infections in the bone or joints

These conditions can lead to various complications, such as brain injuries, arm and leg amputations. You can contact an advisor today for more information on the long-term impacts of bed sores and how they impact pressure sore claims.

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Can Pressure Sore Negligence Claims Be Made Against The NHS?

Pressure sore claims can be made against the NHS. Between 2023 and 2024, the NHS paid £1,060,201 to cover compensation and legal costs relating to pressure sore medical negligence. 

The NHS Resolution handles medical negligence claims made against the NHS. Sometimes, people can feel hesitant to make a claim against the NHS. However, NHS medical staff have a responsibility to meet their duty of care and compensation claims can help the NHS Resolution to strategise for areas that need improvement. When claiming against the NHS, you would do this against the relevant NHS Trust.

You can also make a medical negligence claim against private healthcare providers. Typically, compensation for pressure sore claims against private practitioners is paid by their insurance.

If you have any questions about how to make a claim against the NHS or a private healthcare provider, please do not hesitate to contact our team. We understand that making a claim can be a big decision, so we offer free advice without any obligation to follow up after your enquiry. 

The Average Payouts In Pressure Sore Compensation Claims

The average compensation payout for pressure sore claims between 2023 and 2024 is around £9206. It is important to note that the NHS provided this figure. Therefore, it does not account for private medical negligence claims. Additionally, an average compensation figure may not apply to your specific case.

Each clinical negligence claim is assessed on an individual basis. The particular circumstances of your claim may be entirely different from those of another claim. In this section, we outline the various factors that impact compensation values. 

Firstly, you may receive compensation under two different heads of claim, the first of which is general damages. These compensate you for the pain and suffering you have experienced due to your pressure sore injury. This includes the long-term impact, especially in cases involving serious injuries. 

Legal professionals may read the Judicial College Guidelines (JCG) when assessing general damages. These are guideline compensation figures that are based on a variety of injuries and their severities. We have included some of these figures in the table below. 

Please consider that there is no guarantee of the compensation you may be entitled to. These figures should only be used as a guide. However, our advisors offer a case assessment service, allowing them to assess the specific details of your claim and provide you with a tailored estimate. You can get in touch with them to access this service for free at any time.

The first figure was not taken from the JCG. 

Type of HarmSeverityCompensation FigureNotes
Multiple severe forms of harm with the associated financial lossesSevereUp to £1,000,000+Multiple severe forms of harm with associated financial losses, such as a loss of earnings
Brain damageVery severe£344,150 to £493,000Claimant will have some ability to open their eyes and follow basic commands. However, there will be very little response to the environment
Moderately severe£267,340 to £344,150Brain damage results in serious disability and compensation will be impacted by various factors (such as their ability to communicate)
Arm amputationLoss of both arms£293,850 to £366,100The impacted person will have full awareness and requires professional care
Loss of one arm (amputated at the shoulder)Not less than £167,380Amputation of the arm at the shoulder
Leg amputationLoss of both legs£293,850 to £344,150This category involves the loss of one leg above the knee at a high level and another lost below the knee. Alternatively, it could involve the loss of both legs below the knee
Above-knee amputation of one leg£127,930 to £167,760The compensation will depend on multiple factors, including psychological issues associated with amputation and the level of pain
KidneyLoss or damage impacting both kidneys£206,730 to £256,780Loss or damage impacting both kidneys
Potential loss of future kidney functioningUp to £78,080Increased chance of suffering from urinary tract infections and impaired kidney functioning

Your compensation may also include special damages. This part of the compensation covers the financial losses you may have suffered due to your injury and the required recovery time. Examples of things you can claim under special damages include:

  • Lost income due to time taken off work
  • Medical expenses
  • The cost of travel to and from medical appointments
  • Expenses made in relation to care
  • The cost of adjustments made to your home (such as a stairlift)

To claim for these costs, you will need to provide evidence of them with bank statements and payslips, for example.

Contact our advisors today with any questions you may have about compensation in pressure sore claims.

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The Four Grades Of Pressure Ulcers

There are four different grades of pressure sores based on different severities of harm. These are:

  • Grade 1: This applies to the least severe types of ulcers, whereby the ulcers can feel cool, warm, hard or spongy. They may also cause the skin to become discoloured 
  • Grade 2: These ulcers involve damage to the outer or deeper layers of the skin, potentially resulting in the loss of skin. The ulcer can be red or pink in colour and look like an open blister.
  • Grade 3: Under this grade, the ulcer will cause skin loss and impact the thickness of the skin in the entire area. Additionally, the tissue beneath will be damaged, and the ulcer will appear as a deep wound.
  • Grade 4: These ulcers are the most severe. It involves severe skin damage and the death of surrounding tissue. The tendons, bone and muscle may also become damaged. There will be a high risk of infection.

As stated, the severity of your injury will impact the amount of compensation you receive. Therefore, a grade 4 pressure ulcer may entitle you to more compensation since this type of injury is associated with more suffering and physical impact than a grade 1 ulcer. 

 

If you have any questions about what could be included in your potential compensation and how the severity of your injury can impact this, you can speak with our advisors. This also gives you the opportunity to raise any general queries you may have about claiming and the services that our solicitors offer. 

How To Start A Compensation Claim For Pressure Ulcers

When starting a claim for compensation, you must first consider what evidence you can supply. You must be able to prove that medical negligence occurred. You can do this by supplying:

  • A copy of your medical records
  • A diary of symptoms detailing changes in your condition over time
  • Contact details of anyone who witnessed the medical negligence occur
  • Copies of written correspondence from the healthcare facility/hospital (they may contact you to confirm that you received substandard care)
  • Photographs of the pressure ulcers you have suffered 

Additionally, you must ensure that you start your claim within 3 years from the date that medical negligence occurred or the date on which you became aware of the negligence. This is due to the time limit established by the Limitation Act 1980

However, sometimes the time limit for pressure sore claims may be frozen. This applies to medical negligence claims that include a person who is:

  • Mentally incapacitated
  • Below the age of 18

The 3-year time limit is frozen as they cannot make decisions for a claim themselves. It may be unfrozen from the date of their 18th birthday or the date on which they recover mental capacity (if they ever do). There is also the option for a family member or loved one to claim on their behalf as a litigation friend, while the time limit is frozen.

If you would like more information regarding legal time limits and what evidence you will need, do not hesitate to contact our team of advisors. They can explain how these factors apply to your specific case.

Finding The Right Pressure Sore Claims Solicitors

Choosing the right solicitor to represent your compensation claim is an important decision. Our solicitors have already helped our previous clients to secure over £80 million in compensation. Their excellent services help to make the pressure sore claims process a lot easier. These include:

  • Negotiating the amount of compensation to cover your general and special damages
  • Assisting with the collection of evidence to ensure that you can back up your claim
  • Handling correspondence with the defending party 
  • Helping you to apply for an interim payment where possible (this is essentially an advance on your compensation that you receive before settlement is completed)
  • Defining complicated legal concepts and processes to ensure that you can make informed decisions on your case

Additionally, our solicitors work with their clients under a Conditional Fee Agreement, which operates on a No Win No Fee basis. This means: 

  • There is nothing to pay upfront or as the claim progresses for your solicitor’s services
  • You won’t have to pay for their completed services if the claim fails
  • Following a successful claim, you will pay a success fee from your compensation. This is a legally limited percentage.

Contact JF Law

You can contact our team of advisors anytime to find out whether you are eligible to proceed with one of our No Win No Fee solicitors. You do not need to decide now whether you wish for JF Law to represent you. They can provide you with a free case assessment with no strings attached. This will give you an idea of what your medical negligence compensation may cover. We understand that you may need to seek out more information before you decide whether to claim. Our advisors will give you the straightforward answers you need to help you reach this decision:

Learn More

Visit our other medical negligence guides:

External resources:

Thank you for reading our guide on pressure sore claims.

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