By Danielle Graves. Last Updated 9th October 2023. Welcome to our pressure sore compensation claims guide. If you are wondering if you can claim for pressure sores, or what pressure sore compensation could look like, this guide could be helpful to you.
Pressure sores can develop within a very short space of time, and whilst they are most commonly associated with older people, they present a risk to anyone who finds themselves immobile for a lengthy period of time. The onus for making sure that the risk of developing pressure sores is kept to a minimum is the responsibility of the primary caregiver. If they fail to put an appropriate plan of monitoring in place for a patient or do not access any possible risk appropriately then the patient, whether you or a loved one may be entitled to make a claim for compensation.
Jump to a Section
- How Much Compensation For Pressure Sores?
- What Is A Pressure Sore And When Could I Claim?
- What Causes Pressure Sores?
- Time Limits For Pressure Sore Claims
- Are Pressure Sores Hospital Negligence?
- What Should You Do If You Suffer Pressure Sores Due To Negligence?
- Pressure Sore Claims With A No Win No Fee Lawyer
You may like to know how much compensation for pressure sores you could receive if your claim is successful. As every settlement is different, we can’t tell you how much your pressure sore claim could be worth in this guide. However, we can explain how compensation is calculated.
Your medical negligence compensation could consist of two parts. These are general and special damages.
General damages compensate for the harm you have experienced due to a medical professional breaching their duty of care. To help when assigning value to medical negligence claims, legal professionals may refer to the Judicial College Guidelines (JCG). This text lists guideline compensation brackets for different types of harm you could suffer.
In our table below, we look at a few figures given for harm you could suffer as a result of pressure sores. These figures are taken from the 16th edition of the JCG. Please only use it as guidance.
|Type of Harm||Severity||Information||Compensation Bracket|
|Brain Damage||Moderately Severe||In this bracket, the harmed party is very seriously disabled with substantial dependence on others. They require constant professional care.||£219,070 to £282,010|
|Moderate (i)||In this bracket, the harm results in a moderate to severe intellectual deficit, personality changes, impacts on the harm party's sight, speech and senses alongside a significant epilepsy risk.||£150,110 to £219,070|
|Leg Amputation||Loss Of Both Legs (i)||In this bracket, the claimant needed both legs amputated above the knee or one leg above the knee at a high level and the other below the knee.||£240,790 to £282,010|
|One Leg Lost Above The Knee (iii)||The claimant required one of their legs to be amputated above their knee.||£104,830 to £137,470|
|Kidney||Serious||The claimant has either serious and permanent damage to both their kidneys, or they have lost both kidneys.||£169,400 to £210,400|
|Significant||In this bracket, the kidney damage causes a significant risk of future urinary tract infections or other loss of natural kidney functioning.||Up to £63,980|
|Arm Ampuation||Loss Of One Arm (i)||The claimant required their arm to be amputated at the shoulder.||Not less than £137,160|
|Loss Of One Arm (ii)||The claimant required their arm to be amputated above their elbow. The award considers the level of amputation.||£109,650 to £130,930|
You may also be awarded special damages to compensate for the financial losses caused by the medical negligence. Some examples of special damages for pressure sore claims include:
- A specialised mattress or cushions to relieve pressure sores.
- Dressings and bandages.
- Nursing care, such as someone to change your bandages or turn you over.
You should submit evidence of these costs, such as receipts and invoices.
If you have any questions about how your claim could be calculated or if you would like a free personalised valuation, speak with one of the advisors from our team.
According to the NHS, a pressure sore is an area of damage to your skin and the tissue underneath. If left untreated, they can penetrate deeper layers of skin and muscle and may even reach the bone.
When a doctor or other healthcare professional agrees to provide treatment to you, they automatically owe you a duty of care. This means that you must be provided with the correct standard of care. If you suffer unnecessary harm because of a breach in this duty, you could be eligible for medical negligence compensation.
To be eligible to make a pressure sore claim, you must be able to prove that:
- A medical professional owed you a duty of care.
- This duty was breached.
- You suffered avoidable harm as a result of this breach.
For example, if you are on bed rest at a hospital following surgery, part of your care plan may include a nursing assistant turning you over to prevent bed sores. Should this not occur, and you develop pressure ulcers, you might be eligible to seek compensation.
If you have any questions regarding pressure sore claims, such as ‘How much compensation for pressure sores could I receive?’ you can contact our advisors.
Pressure sores are caused when someone spends a long period of time in one position without moving or being moved, this can cause a build-up of pressure on certain areas of the body which can result in a pressure sore.
Pressure sores are formed as a result of a reduced supply of blood to the skin which is caused by the pressure of being in the same position for a prolonged period. The reduced blood flow can cause the skin to break down and leads to open sores, which range in severity from red areas on the surface of the skin to a much more serious form of tissue damage that can penetrate into the muscle and bone.
For information on how to claim for pressure sores, get in touch with our advisors at any time.
As previously stated, to be able to make a medical neglgience claim, you must prove that negligence occurred. Additionally, all medical neglgience claims, including pressure sore claims, must be started within the relevant time limits.
Generally, you will have 3 years to start your claim from the date negligence occurred. Alternatively, you will have 3 years to start a claim from the date of knowledge. This is the date you first reasonably realised that your pressure sores were caused by a medical professional breaching their duty of care.
However, there are certain exceptions to this 3-year time limit.
- The time limit is paused for those under the age of 18. During this time, a court-appointed litigation friend could make a claim on their behalf. From their 18th birthday, they will have 3 years to start their claim if one has not already been made.
- The time limit is suspended for someone who lacks the mental capacity to make a claim for themself. Again, a litigation friend could make a claim on their behalf. If they regain this mental capacity, they will have 3 years to start a claim from this date, if one has not already been made.
Contact our advisors today to see whether you still have enough time to start your medical neglgience claim. They could also help answer any questions you may have, such as ‘How much compensation for pressure sores could I receive?’
We are asked, are a lot are pressure sores caused by hospital negligence? The answer is that pressure sores can occur as a result of hospital negligence, anyone who is in hospital and recovering from an illness or surgery should be given a risk assessment. This will allow medical staff to monitor the patient’s skin and use any preventative measures that are appropriate to reduce the risk of pressure sores forming. These measures should usually include regular repositioning of the patient to prevent the build-up of pressure on any point of the body.
In the majority of cases, the first signs of pressure sores in hospital developing should be easy to pick up if a regular routine of moving a patient has been put in place. However, for some patients, these first signs can come on so quickly that they may not be spotted immediately
Risk assessments should be carried out for patients who are confined to wheelchairs for the same reasons. For advice on what to do if you suffer pressure sores as a result of third-party negligence, please continue our guide to pressure sore compensation claims.
If you, a family member or a loved one have suffered pressure sores as a result of negligence, then you may want to make a claim for compensation. We understand that getting better might be your first priority, but it is a good idea to try and gather as much information as you can to support your claim as early as you can. If you then decide to start a claim later on you will possess the information you need. You should aim to gather as many of the following details as possible:
Details of those people involved – It is a good idea to make sure that you have a note of anyone that was involved in your care, and a brief account of any responsibilities they had whilst you were in their care.
Photographic evidence – You should try to make sure that you have photographic evidence of your pressure sores, if possible with the date and time stamps, these might be vital as evidence in your claim for pressure sore compensation.
Documentation and receipts – Make sure that you keep any paperwork or receipts that documents and money that you have been required to pay out for any treatments or medication that you have needed in regards to your pressure sores, or any travel costs that you have spent whilst travelling to get that treatment.
Any queries you might have concerning the types of information you might need to help with your bedsore compensation claim then contact us, we’re always happy to help you work out what information will be useful to you when you make your claim.
The pressure sore claims process might seem daunting, but a solicitor from our panel may be able to help you, provided you have a valid case. Working with a solicitor comes with many benefits, as they can help you gather evidence, strengthen your claim, and answer any questions or concerns you have about the claims process.
Our panel of solicitors could help you through the pressure sore negligence claims process under a kind of No Win No Fee arrangement called a Conditional Fee Agreement (CFA). Under this kind of agreement, you won’t be asked to pay any upfront or ongoing fees to your solicitor in order for them to work on your claim. Furthermore, if your claim fails, you won’t have to pay your solicitor for their services.
Should your claim succeed, your solicitor will take a small success fee from your compensation award. The percentage they can take as a success fee is capped by the law.
Contact our advisors today to see if you could be eligible to work with a solicitor on our panel. They can also answer any questions you may have, such as ‘How much compensation for pressure sores could I receive?’
To get started:
The NHS website is an invaluable source of information if you want to know more about pressure sores causes, the symptoms and the various treatments.
Another NHS website, Stop the pressure is a fantastic resource for patients and medical staff, containing current information about pressure sores and how to prevent them.
This webpage offers clear advice on what to do if you have pressure sores and how to prevent them getting worse, with images showing the severity of the different grades of sore, and also advice on how to prevent them occurring again in the future.
Facts and figures relating to pressure ulcers can be found on the government website, together with guidance for professionals.
A page dedicated to hospital negligence resulting in death, describing what constitutes it and telling you how you could claim compensation.
Other Guides You Can Read: