Types of pressure sore negligence claims and what factors impact compensation

Pressure sores are an extremely serious problem that can lead to many complications and even death. Also known as pressure ulcers or bedsores, they cost the NHS more than 1.4 million every day. More than 1,300 pressure sores are reported every month, often developing as a result of medical negligence in hospitals.

Here, we discuss the various types of pressure sore claims, what factors impact compensation, and what to expect when making a claim.

Causes of pressure sores due to hospital negligence

Generally, some groups are more at risk of developing pressures sores in hospitals. Pressure sores often develop when a person rests on the same area for prolonged periods. Hence, people over 70, those who have recently suffered illness or underwent surgery, and those who suffer from poor mobility are at a significantly higher risk of developing them.

Some of the most common reasons for medical negligence claims relating to pressure sores include:

• Failure to conduct adequate and correct risk assessments, including miscalculation of the risk level.
• Inadequate treatment or failure to use pressure ulcer equipment.
• Inadequately trained nursing staff.
• Lack of sufficient record keeping.
• Prolonged delay in starting treatment.

Cases involving complications from pressure sores

When there is a delay in diagnosing pressure sores or starting pressure sore treatment, this can exacerbate the symptoms, and discomfort can worsen. Overall prognosis can also become bleaker, and the healing process can be more prolonged. In some of the worst cases, complications can include:

• Sepsis.
• Cellulitis.
• Infections.
• Squamous cell carcinoma, a type of cancer.
• Necrosis, or the death of tissue due to the failure of its blood supply, can even become life-threatening.

What are the different gradings for pressure sores?

Pressure sores are graded between 1 and 4, depending on the severity:

Grade 1 pressure sores

Grade 1 sores can include symptoms such as patchy, itchy and discoloured skin that feels spongy, warm or hard to the touch. Oedema may also be used as a grade 1 pressure sore indicator.

Grade 2 and 3 pressure sores

Open wounds or blisters are categorised as grade 2 sores, often involving partial thickness skin loss dermis, epidermis, or both. Grade 3 sores, on the other hand, tend to reach the deeper layers of the skin. Subcutaneous fat may be visible in grade 3 sores, but bone, tendon and muscle are not yet exposed. They may include undermining and tunneling.

Grade 4 pressure sores

If a pressure sore goes down to the muscle or bone, this is considered a grade 4 sore. These cases are extremely serious and involve full-thickness tissue loss.

Find out more about the different pressure sore gradings here.

Making a claim

When you are considering claiming a pressure sore, you need to consider some primary factors:

Was the pressure sore attributed to negligent care?

Not all pressure injuries are the result of hospital negligence, as some are unpreventable. However, in a significant number of cases, hospital negligence may be the cause or a major contributory factor in developing the sores. For example:

• When there has been a failure to ascertain a patient’s Waterlow Score.
• In cases when hospital staff failed to monitor signs of pressure sores on patients.
• If there was a misdiagnosis of developing pressure sores.
• When hospitals failed to prevent pressure sores.

Medical negligence law firms can work collaboratively with care experts and tissue viability nurses to review the treatment that took place to evaluate whether the pressure sore developed because of hospital, nursing and care home negligence.

Can I get compensation?

If the evaluation proves that the cause of the pressure sore was hospital, nursing or care home negligence, the expert team at Wake Smith can assist you in attaining the compensation you deserve.

When claiming pressure sores compensation, the factors taken into account are:

• Medical expenses.
• Loss of earnings.
• Travel expenses.
• Physical pain and emotional trauma.
• The severity of the pressure sore and any complications.
• Care claim during the recovery period, if relevant.

How do I make a hospital negligence claim?

The first step in making a claim is to contact us at Wake Smith. We will guide you in making an official claim and gathering the necessary evidence to achieve the compensation you deserve. Some cases go to court, and we can help instruct a barrister and prepare court papers. Find out more about our medical and clinical negligence services here.

What can I expect from a hospital negligence claim for pressure sores?

The amount of compensation that you receive will partly depend on the severity of the pressure sore. However, other important factors can be long-term damage and loss of earnings due to lost workdays because of the pressure sore, medical bills, and other costs incurred. Psychological and emotional trauma will also play a role in the amount of compensation that is awarded. Wake Smith can help to ensure that clients receive justice for the trauma they have suffered.

Find out more about what you can expect from a pressure sore negligence claim here.

What is the difference between filing a complaint and making a claim about pressure sores?

When you complain to a healthcare provider, you may receive an apology or an explanation for what has happened. If all you want is an explanation or apology, you can talk to the healthcare provider involved. All complaints should be made within six months. Ultimately, this can help to eliminate the possibility of genuine misunderstandings, as opposed to negligence. Unlike claims, however, complaints will not result in compensation.

How Wake Smith can help

Our experienced, compassionate, and highly skilled team of medical and clinical negligence solicitors can help to inform you of all the factors involved in your claim, guiding you through each step in the process. As one of South Yorkshire's leading law firms, we have been based in the area for 200 years and have a long history and heritage. Our specialists include members of the specialist Law Society Panel and of Action against Medical Accidents. Our strong success rate will help ensure that your clinical negligence claim goes smoothly and successfully.

Contact us here to get in touch or find out more about our medical and clinical negligence services here.

Frequently asked questions: pressure sore negligence claims

What are the consequences of pressure sores?

Pressure sores can be very painful and debilitating. They can negatively impact the quality of life, mobility and cause a lot of emotional trauma.

What are the complications of pressure sores?

Complications can include cellulitis, infections in the bones and joints, sepsis and cancer.

What are the risk factors of pressure sores?

Immobility is a primary risk factor. So, older patients, people with limited mobility, and those on bed rest after illness or surgery are more at risk. Incontinence, poor nutrition and poor circulation can also predispose someone to suffer from pressure sores.

What are the different types of pressure sores?

Pressure sores are graded from 1-4, with grade 4 being the most serious. Grade 1 pressure sores tend to discolour the skin, make it red and warm and change the texture, while the most serious grade 4 pressure sores can cause extensive tissue damage and reach down to the bone or muscles.

Are bedsores considered neglect?

There are some cases where bedsores are unavoidable, but in many cases, they may be due to neglect, such as lack of turning a patient from one side to another.

How much compensation can you claim for pressure sores?

The amount of compensation awarded will vary based on factors such as the severity of the sores, the long-term effects, lost earnings, psychological impacts and the costs incurred by the patient.

How long does a pressure sore claim take?

If the healthcare organisation admits liability, you can settle a claim within weeks. In more complex clinical negligence cases, such as those that go to court, it often takes a minimum of three years before a resolution is achieved.

How is a pressure sore treated once identified?

Pressure sores can be treated by regular shifts in position, special mattresses and the use of dressings to cover and protect the sores from worsening.

What should you do if you suffer pressure sores due to negligence?

Contact us at Wake Smith to help you assess whether you are eligible to make a claim and guide you through your claim.

Are bedsores medical negligence?

In many cases, pressure sores occur due to medical negligence, though not all.

What happens in a medical negligence claim?

A clinical negligence solicitor can help you prove that there was a breach of duty of care and that you suffered harm as a result by gathering all the necessary evidence to ensure you are awarded the compensation you deserve.

Who is legally responsible for your pressure sore?

If your pressure sore was caused by negligence, the healthcare trust responsible holds the legal liability. If the sore resulted from treatment at a nursing or care home, the owners of the home might be legally responsible for your injury.

How do you know if you have a medical negligence case?

At Wake Smith, we can help you to find out whether you have a clinical negligence case, so please contact us.

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