Failures of care in a hospital or a nursing home could result in you developing bed sores. Bed sores can turn septic if left untreated, presenting a serious risk to your health. This guide examines who could claim compensation for sepsis from bed sores via a medical negligence claim.
We have provided an explanation of the duty of care owed by medical professionals to provide patients with the correct standard of care, and how failing to uphold the correct standard could potentially lead to patients experiencing avoidable harm.
You will also find information on how medical negligence compensation is calculated, as well as how a solicitor from our experienced panel can help with your claim.
Talk to our team of advisors today to get a free consultation regarding the validity of your claim. You can speak to our advisors via:
- Phone on 0161 696 9685.
- Fill in our “Contact Us” form here.
- Use the live chat bubble to speak to an advisor in real time.
How To Claim Compensation For Sepsis From Bed Sores
Select A Section
- How To Claim Compensation For Sepsis From Bed Sores
- Examples Of Pressure Sore Injuries
- How To Show Medical Negligence Caused Your Pressure Sores And Sepsis
- What Compensation For Sepsis From Bed Sores Could You Claim?
- Can I Make A No Win No Fee Claim For Sepsis From Bed Sores?
- Further Hospital Negligence Resources
How To Claim Compensation For Sepsis From Bed Sores
All medical professionals, whether they work in a hospital or a nursing home, owe a duty of care to those they are treating in that they must provide patients with the correct standard of care. This duty applies to professionals in both public and private healthcare.
Medical professionals who do not uphold this duty could cause their patients to experience avoidable harm. What we mean by “avoidable harm” is harm that would not have occurred had the correct standard of care been provided. This will be explored in more detail later in the guide.
In order to seek compensation for sepsis from bed sores through a medical negligence claim, you will need to demonstrate the following:
- A medical professional owed you a duty of care.
- That medical professional breached this duty by failing to provide the correct standard of care.
- This breach resulted in you experiencing avoidable harm.
Time Limits When Claiming Compensation For Sepsis From Bed Sores
Medical negligence claims are generally subject to a limitation of 3 years as per the Limitation Act 1980. This is counted either from the date of the medical negligence itself, or from the date you would have been expected to connect the avoidable harm suffered with a medical professional breaching their duty of care. This is referred to as the date of knowledge.
However, exceptions can apply to the general limit, and an extension may be granted. You can learn about the time limits in medical negligence claims by speaking to our advisors. Call our team today using the number given above.
Examples Of Pressure Sore Injuries
The NHS define a pressure sore, also known as a bed sore, as damage to the skin and underlying tissue caused by continued pressure on the same area of the body. They generally form on bony areas such as the hips and tailbone.
If left untreated, bed sores can become infected, and in some cases, this can lead to sepsis. Sepsis, also referred to as blood poisoning or septicemia, occurs when the immune system overreacts to an infection and starts attacking your tissues and organs.
Here we have given a few examples of how pressure sores can occur leading to sepsis:
- Following a major surgery, a patient was in a medically induced coma. Doctors did not move the patient’s position regularly, resulting in pressure sores that turned septic.
- An elderly patient who was identified as being at high risk was not given high-specification foam pillows or a mattress due to hospital negligence. The patient developed a pressure sore on their leg, which turned septic, necessitating a below-knee amputation.
- The necessary skin assessments to check for pressure sores were not carried out by a doctor on a nursing home resident. This resident’s pressure sores therefore went unnoticed, resulting in sepsis and serious damage to their internal organs.
To discuss your specific circumstances and find out whether you could claim compensation for sepsis from bed sores. Speak to our team today for a free assessment of your eligibility to claim.
How To Show Medical Negligence Caused Your Pressure Sores And Sepsis
Evidence forms a key part of your medical negligence claim for compensation for sepsis from bed sores. Acquiring a thorough body of supporting evidence will help demonstrate not only that a medical professional failed to provide care at the correct standard but also the extent of the avoidable harm caused as a result.
Possible evidence you could collect in support of your claim can be found here:
- Medical records stating you have bed sores. This can be a doctor’s notes from a physical examination. You can also provide records of your sepsis and documents from the hospital or care home that show the skin examinations were not conducted or the proper bedding was not provided.
- Keep a diary during the course of your treatment, noting what treatments you received and your symptoms, as well as the physical and mental impacts this had on you.
- Take photographs of the bed sores and sites of infection.
Will The Bolam Test Be Used?
The Bolam test is used in some medical negligence claims. The test involves medical professionals with the relevant training and knowledge assessing the care you received and deciding whether or not that care was of the correct standard. The Bolam test isn’t something you will be organising yourself nor is the test applied to every medical negligence claim. However, if the test is used, its findings can form part of your supporting evidence.
For further guidance on what evidence you can acquire for medical negligence claims, talk to a member of our experienced team via the contact information given below.
What Compensation For Sepsis From Bed Sores Could You Claim?
If you’re awarded compensation for sepsis from bed sores following a successful medical negligence claim, the payout you receive can be made up of two different heads of loss. These are known as general and special damages, respectively. General damages award for the physical and psychological impacts of the medical negligence, whereas the financial losses stemming from the medical negligence can be reimbursed under special damages.
The Judicial College Guidelines (JCG) is a document published by the Judicial College that details various different types of harm, with guideline award brackets for each. You can see a number of these brackets in the table below.
Compensation Table
Please be advised that this table has been included to offer guidance only.
| Type of Harm | Severity | Guideline Bracket Amount | Notes |
|---|---|---|---|
| Leg | Amputation (i) | £240,790 to £282,010 | Loss of both legs. This bracket includes cases where both legs have been lost above the knee. The award will depend on phantom pains, psychological impact, and side effects such as backache and degenerative changes in the spine. |
| Amputation (ii) | £201,490 to £270,100 | Below-knee amputation of both legs. The level within the bracket will depend on the severity of phantom pains, psychological impact, the success of prosthetics and the risk of degenerative changes in the remaining joints. | |
| Brain Damage | Moderate (c)(i) | £150,110 to £219,070 | Cases where the injured person has a moderate to severe intellectual deficit, sensory impact, personality change and significant epilepsy risk. |
| Kidney | Serious and Permanent damage (a) | £169,400 to £210,400 | Serious and permanent damage to, or loss of both kidneys |
| Loss of Natural Function (b) | Up to £63,980 | Cases where there is a significant risk of a future urinary tract infection or other complete loss of function. | |
| Arm Amputation | Loss of One Arm (i) | Not less than £137,160 | Arm amputated at the shoulder. |
| Loss of One Arm (ii) | £109,650 to £130,930 | An amputation of the arm above the elbow. |
Special Damages
As mentioned above, special damages can be awarded for the financial losses associated with the avoidable harm you experienced as a result of a medical professional breaching their duty of care. Examples of costs that could be reimbursed include:
- Lost income.
- Costs of in-home care.
- Travel expenses.
- Out-of-pocket medical bills.
- The cost of adaptations to your home.
Proof of your financial losses will be required so retain copies of any documentation (your payslips, receipts, invoices) to be used as part of your support evidence.
You may benefit from working with a specialist medical negligence solicitor from our panel to collect evidence for your claim. A solicitor could not only offer support with the collection of evidence but ensure your claim is brought within the relevant time limit.
Contact our team today via the details below for an assessment of your eligibility to claim. If eligible, our advisors could connect you with a solicitor from our expert panel.
Can I Make A No Win No Fee Claim For Sepsis From Bed Sores?
To begin your claim for compensation for sepsis from bed sores, speak to our advisors. Our team have considerable experience in assessing medical negligence claims and can offer expert guidance free of charge.
A solicitor from our panel could offer to take your claim under a Conditional Fee Agreement (CFA) if our advisors decide you have valid grounds to move forward. A CFA is a type of No Win No Fee contract that offers claimants distinct advantages including:
- Not paying a fee for the solicitor to start work on your case.
- Not paying fees for this work during the claims process.
- No fees for the solicitor’s services if your claim is lost.
You will receive medical negligence compensation if your claim succeeds. A percentage of this compensation, referred to as a success fee, will be deducted from this compensation by the solicitor. Because the maximum success fee percentage is subject to a legally binding cap, you will keep most of your compensation award.
Our advisors can offer further guidance, answer your questions and offer a free consultation on your eligibility to begin a claim. You can speak to our team via:
- Phone on 0161 696 9685.
- Fill in our “Contact Us” form here.
- Use the live chat bubble to speak to an advisor in real time.
Further Hospital Negligence Resources
You can read more of medical negligence claims guides here:
- Learn more about starting a medical misdiagnosis claim.
- Read our guide about beginning a claim after being given the wrong medication.
- Find what you could do after a cancer misdiagnosis including whether you could claim compensation.
Some external resources that may be of use to you:
- The Government has released this guidance for pressure ulcers.
- Read the NHS guidance on when to call 999 here.
- You can learn about the nurse’s duty of care with this resource from the Royal College of Nursing.
We’d like to thank you for reading our guide on claiming compensation for sepsis from bed sores. For further advice or a zero-cost assessment of your eligibility to claim, speak to our team using the contact details given above.