Pressure sore / ulcer & bed sore compensation claims

When assessing your pressure sore, a medical professional will give it a grade. The grade of your pressure sore will affect your claim - for example a Grade 2 pressure sore compensation will vary from Grade 4 pressure sore compensation. 

This is due to the severity of the pressure sore at each grade and the potential long-term damage it can do. Pressure sores are divided into the following four grades:

• Grade 1: discolouration of the skin. Grade 1 pressure sores are the least severe and if caught quickly can be easily treated. 
• Grade 2: partial-thickness skin loss, presenting like a blister. Grade 2 pressure sores are slightly more severe and have the potential to become infected if left untreated. 
• Grade 3: full-thickness skin loss, damage of subcutaneous tissue, presenting like a deep crater. Grade 3 pressure sores are severe, causing discomfort and pain. 
• Grade 4: full-thickness skin loss with extensive necrosis (dead body tissue) extending to underlying tissue. Grade 4 pressure sores are the most severe, causing debilitation, extreme pain and, in extreme circumstances, death. 

Getting the right grade diagnosis for your pressure ulcer or bed sore is important to ensure you receive the right treatment. It will also be important when making your pressure sore compensation claim.

If left unchecked and untreated, pressure ulcers can become life-threatening. Beyond the extreme discomfort and pain pressure sores cause, associated complications include:

• Cellulitis
• Bone and joint infection
• Gas gangrene
• Septicaemia (blood poisoning)

These conditions can have severe, long-term health effects that could require major surgery, medical procedures, physical therapy and even amputation. If you've had to endure the life-changing effects of an untreated pressure sore that wasn't your fault, we could help. 

Pressure ulcer compensation can help you get the care you need and cover any costs your pressure sore injury resulted in. Get in touch with our friendly advisors on now to find out how we can help. We can also call you back at a convenient time, just fill out our online form and our friendly team will call you back.

Pressure sores tend to be caused by remaining immobile for a long time. This will be predominantly when you remain immobile in the same position because you either cannot move or you have not been moved when you should have been. 

As you are in the same position for a long period, the blood in the area of your body that has not moved reduces, meaning the skin breaks. The skin dies as it does not have enough blood and therefore, the blood cell dies.

Pressure sores can also develop due to:

• plasters not be applied correctly
• muscle spasms as this means that a patient experiences more friction
• too much moisture which can be as a result of sweating or incontinence

Some patients are more vulnerable to pressure sores than others such as those who are:

• diabetic
• 70 years of age or older
• incontinent
• smokers
• suffering from spinal cord injuries
• suffering from neurological conditions
• lacking in sensory perception compared to the average person

Pressure ulcers can be prevented, so when they do develop it is often sadly clear that neglect is the cause of the pressure ulcer. If best practice is carried out, pressure ulcers should be prevented.

Pressure ulcers can be prevented by:

• carrying out a risk assessment on patients
• put in place measures to try to prevent a pressure ulcer from developing such as moving the patient regularly into different positions
• using pressure-relieving mattresses
• use of pressure-relief ring cushions where the immobile patient is setting down regularly for long periods
• giving a patient a balanced diet accompanied by lots of fluids
• checking patients' skin often
• making sure that bedding or plaster casts are not too tight

Pressure sores can be a safeguarding issue rather than due to neglect and therefore, negligence. This is because some people are simply more susceptible to them than others due to a variety of factors such as:

• medical conditions
• current skin conditions
• how do they determine their care and treatment
• poor personal hygiene
• poor nutrition
• poor living environment

Where such factors are present a safeguarding referral may need to be made to prevent pressure sores rather than a case for claiming compensation subject to negligence. 

It may be possible to make a compensation claim by suing a hospital for pressure sores which have resulted due to their negligence. 

Hospitals such as those run by the NHS as well as private hospitals have a duty of care towards you as their patient. This includes ensuring you do not suffer pressure sores while under their care. When they fail to ensure this such as by:

• not carrying out basic risk assessments
• not putting  in place measures to help prevent  pressure sores from developing they may be negligent,  meaning you have the right to sue and make a claim.

You can also claim compensation from a care home if your pressure sore is a result of medical negligence. Care homes have a duty of care towards their patients in the same way as hospitals do. Therefore, they also have to carry out a risk assessment and post adequate measures in place to prevent pressure sores from developing.  

If you want to start a pressure sore negligent claim you have a strict legal timeframe that you must start your claim in. This is the same for any personal injury or medical negligence claim.

You have to start your pressure sore negligence claim within three years when medical negligence caused your pressure sore. Alternatively. You can claim three years from the date you realised your injury, which is the date of knowledge. However, it is advisable to seek to make a compensation claim as soon as possible so that all evidence necessary can be gathered in time.

If you are claiming medical negligence for a child the timeframe for any personal injury including a pressure sore, ulcer or bed sore differs. Rather than having three years, you have until their 18th birthday to make a claim. Once they reach 18 as they are an adult, they make their own claim, and once again the three years deal. one applies from their 18th  birthday. 

Where the medical negligence claim for a pressure sore is on behalf of an individual who doesn't have the mental capacity to make their own claim, there is no time limit. However, if the person has regained mental capacity and no one has claimed for them, the three-year time period applies to them as it does anyone else. 

If you are considering compensation for a pressure sore negligence claim, you won't be alone in wondering how much you can claim. This of course depends on the individual circumstances of your claim such as:

• the pain your pressure sore caused you
• how your life is affected by it such as a loss of amenities which refers to the effect on your social life and hobbies
• costs for care and medical expenses
• loss of earnings and potential loss of future earnings