Pressure sore negligence claims
Almost 200,000 pressure sores develop in healthcare systems every year, with up to 95 per cent of pressure sores being avoidable. Often, hospitals, nursing or care homes make errors that unfortunately lead to pressure sores. In addition, a failure of district nurse home care may lead to pressure sores. If you suspect a pressure sore has been caused by hospital, nursing or care home negligence, you may be able to achieve compensation.
Here, we explain how to make a claim, what to expect during the process and the various possible compensation outcomes.
Contents
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Read our guide to the grading of pressure sores and where they can develop on the body.
Find out what signs to look out for if you suspect you or a relative has a developing pressure sore.
Read our guide to making a pressure sore negligence claim and what to expect with receiving pressure sore compensation.
Read the difference between making a complaint and making a claim.
We answer frequently asked questions on making a hospital negligence claim for a pressure sore.
What are the different types of pressure sores caused by hospital negligence?
There are four different grades of pressure sores:
- Grade 1 sores occur when the skin is still intact, but there is light pigmentation and redness around the skin. The area may be warm, hard, itchy and painful.
- Grade 2 sores present as an ulcer or clear blister where the skin is broken.
- Grade 3 sores are subcutaneous but do not reach down as far as the muscle or bone. They are open wounds.
- Grade 4 sores are the most serious and may reach down to the muscle or bone. These ulcers can result in exposed bone being visible.
Pressure ulcers can develop on any part of the body, but the areas that are most susceptible are the base of the spine, the hips, the elbows and the heels. They tend to commonly affect people over 70, those with poor mobility and people who are on bed rest due to recent illnesses or surgeries.
Find out more about the varying severity of pressure sores in our guide to the types of pressure sore claims.
How can you spot pressure sores?
Pressure sores will initially present with discoloured skin and red patches. People with pale skin often get red patches, while people with darker skin tend to find blue or purple patches. The afflicted area may be painful and itchy, with noticeable changes to the skin texture. The patch of skin affected may feel warm, spongy or hard.
The blanching test involves pressing on the coloured area with your finger. The area should go white, and if you remove pressure from the area, it should return to the darkened colour within a few seconds, which indicates good blood flow. If the area stays white, pressure damage has begun.
Making a claim
Was the pressure sore attributed to negligent care?
Some pressure sores are unpreventable, but in a vast majority of cases, hospital negligence is the cause. Negligent treatment by medical professionals in hospitals can cause pressure scores if there is a failure to ascertain a patient's Waterlow score. Furthermore, when hospital staff or care home workers do not monitor the signs of pressure sores on patients, they can become significantly worse. Negligence can also occur when there is an incorrect diagnosis of pressure sores or a failure to prevent pressure sores by using methods such as helping immobile patients to regularly change their position in a bed or chair.
Medical negligence law firms can work with care experts to help retrace any treatment that took place in a hospital or care home environment in order to evaluate whether a pressure sore has resulted because of negligence.
Can I get compensation?
If the evaluation of the evidence proves that a pressure sore has been caused by clinical negligence, a law firm such as Wake Smith can help you to achieve the compensation you deserve.
How do I make a hospital negligence claim?
Contact us at Wake Smith, and we will guide you through the process. We will help you to gather the necessary evidence and get the compensation you deserve for your claim.
Will my case need to go to court?
Few cases will need to go to court. However, if court proceedings are necessary the department has experience at all levels including the Court of Appeal, Supreme Court and success in the European Court of Justice.
What can I expect from a hospital negligence claim for pressure sores?
The amount of compensation that you receive will vary depending on the severity of the pressure sore and the extent of the damage that has been caused to the patient. It also depends on any medical expenses or travel expenses required due to the pressure sore. Wake Smith has a skilled team of highly trained medical negligence experts who will do our utmost to support your case and ensure that you receive justice.
What is the difference between making a claim and making a complaint about pressure sores?
Complaints do not result in compensation, unlike pressure sores claims. However, a complaint may allow you to receive an explanation and apology for the pressure sore. This can rule out misunderstandings, but complaints should be made within six months.
How Wake Smith can help
For over 200 years, Wake Smith has been helping people to receive justice. At Wake Smith, we have an excellent team of clinical and medical negligence specialists, including members of the specialist Law Society Panel and of Action against Medical Accidents. We will compassionately guide you through every step of your claim, ensuring that you receive any compensation you are entitled to. Read more about our medical and clinical negligence services here.
Do you suspect a pressure sore has developed due to hospital negligence? Contact us to find out how we can help you.
Frequently asked questions - pressure sore negligence claims
What are the consequences of pressure sores?
Pressure sores can be extremely painful and debilitating. They can severely impact your quality of life, physical mobility and emotional wellbeing.
What are the complications of pressure sores?
Some of the common complications include sepsis, cellulitis and bone and joint infections. In rarer and more serious cases, they can lead to cancer and even death.
What are the risk factors of pressure sores?
Pressure sores are more common in people aged over 70, those who suffer from poor mobility, people who have recently undergone surgery, anyone who has been on prolonged bed rest due to illness and people with poor circulation or inadequate nutrition.
What are the different types of pressure sores?
Pressure sores are graded from 1-4, with type 4 being the most serious. Some patients also experience moisture lesions.
Are bedsores considered neglect?
In many cases, bedsores occur to due neglect. For example, hospital workers may fail to regularly change a patient's position or when nursing staff do not spot the early signs of a developing pressure ulcer or do not prevent the wound from worsening. It can also result from other sources, such as care home abuse.
How much compensation can you claim for pressure sores?
The amount of compensation you receive may depend on the severity of the injury to the tissue that has resulted from a pressure ulcer.
How long does a pressure sore claim take?
If a healthcare provider admits liability for the ulcer, then the claim may be settled quickly. However, when claims go to court, they can take up to three years to resolve.
How is a pressure sore treated once identified?
Pressure sores may be treated through the use of special mattresses, protective dressings and by helping patients to turn over or by regularly changing their position.
What should you do if you suffer pressure sores due to negligence?
If you have suffered a pressure sore and you think it was down to medical negligence, please contact us at Wake Smith.
What happens in a medical negligence claim?
In a medical negligence claim, it will be determined whether there was a failure by the healthcare provider to ensure that the patient received a reasonable level of care and whether the patient was harmed as a result of a breach of the duty of care. The case may be settled out of court or it may need to go to court to be resolved. At the end of the claim, you may receive compensation.
Who is legally responsible for your pressure sore?
In cases of negligence, your healthcare provider may be legally responsible.
How do you know if you have a medical negligence case?
At Wake Smith, we will gather and evaluate the evidence from your healthcare provider to guide you through your claim.
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About the author
Director and Head of Medical and Clinical Negligence
