Personal Legal Services » Medical Negligence » Pressure Sores Compensation
No one expects to go into hospital, or into residential care, and to suffer these incredibly nasty injuries, but it sadly happens all too often.
Extra pressure on the skin can be caused when somebody is immobile or unconscious (for example after surgery), as the flow of blood is affected. The skin can then break down leading to the formation of a sore.
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Who is at risk of pressure sores?
Sources suggest that around 1 in 20 people who are admitted to hospital with a sudden illness will develop a pressure sore.
People over 70 years old are particularly vulnerable to pressure sores. This is due to older people having a higher rate of mobility problems, ageing skin and a reduced blood supply.
Pressure sore treatment and prevention
Pressure sores can be very difficult to treat. Regularly changing a patient’s position should be the order of the day. Specially designed mattresses and cushions can protect vulnerable parts of the body. Dressings and gels can be used to help speed up the healing process if pressure sores develop.
Complications of severe pressure sores
In the worst cases, pressure sores can lead to life-threatening complications such as infection, blood poisoning or gangrene.
Pressure sores often occur to the hips, buttocks, base of the spine, heels, ankles and shoulders and, in the worst cases, cause destruction of the skin and fat and muscle layers so that bones are exposed. Some pressure sores never properly heal.
Pressure sores can really affect your independence. Sores can weep and require daily, or regular, dressing, and pain relief, for a great length of time.
Pressure sores and clinical negligence
All medical practitioners have a duty to take reasonable care when managing their patients. When a medical practitioner fails in meeting this duty, patients may be left injured, sometimes permanently. Patients can often feel helpless in dealing with a large Health Trust which may not want to deal properly with complaints, no matter how genuine they are.
The team at Taylor Emmet are committed, friendly and professional Solicitors and we can help in investigating cases where debilitating pressure sores have developed.
Case Study: Severe pressure sores
Mrs Makin went into the Wrightington Hospital for a hip replacement operation in November 2008 but came out with severe pressure sores.
She was in hospital for a total of 11 days. Whilst she was recuperating she could not mobilise. Mrs Makin developed discomfort and pain in her heels. She asked staff on duty to look at her heels but the answer each time was, “I will be back in a minute.” No proper action was taken.
Blisters were eventually noticed on Mrs Makin’s heels seven days after the surgery but there was no adequate intervention to prevent pressure sores from getting worse. We obtained expert evidence from a tissue viability nurse. There was no proper use of the routinely used Waterlow Risk Assessment, by hospital staff, in Mrs Makin’s case.
The guidelines laid down by the National Institute for Clinical Excellence in relation to the prevention and treatment of pressure ulcers were not followed.
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Case Study: £145,000 Compensation for Pressure Sores
Samantha Sims obtained £145,000 for Mr ET who suffered pressure sores over his right and left buttock in 2018. These were caused by the hospital’s myriad of negligent failures to manage his pressure sore risk. It is clear from the records that the Claimant was left stationary throughout most of the day.
Samantha Sims obtained £145,000 for Mr ET who suffered pressure sores over his right and left buttock in 2018. These were caused by the hospital’s myriad of negligent failures to manage his pressure sore risk. It is clear from the records that the Claimant was left stationary throughout most of the day.
Read the full Case Study
Frequently Asked Questions about Pressure Sores Claims
Can I claim compensation for pressure sores caused by medical negligence?
Can I claim compensation for pressure sores caused by medical negligence?
Yes. You may be able to claim compensation if you developed pressure sores because a hospital, care home or healthcare professional failed to provide an appropriate standard of care. This could include failing to assess your risk of developing pressure sores, reposition you regularly, provide suitable pressure-relieving equipment or respond appropriately when signs of a pressure sore appeared. A successful claim will usually require evidence that the care was negligent and that this caused or worsened your injury.
How do I know if a pressure sore was caused by negligence?
How do I know if a pressure sore was caused by negligence?
Not every pressure sore is caused by medical negligence. However, there may be grounds for a claim where reasonable steps to assess, prevent or treat pressure damage were not taken. Examples can include inadequate risk assessments, a failure to regularly reposition an immobile patient, not providing an appropriate mattress or cushion, or failing to act when skin damage was first identified. Taylor Emmet can review your medical records and, where appropriate, obtain independent expert evidence to establish whether the care you received fell below an acceptable standard.
Can I make a pressure sore claim against an NHS hospital?
Can I make a pressure sore claim against an NHS hospital?
Yes. If negligent NHS treatment or nursing care caused you to develop pressure sores, or allowed existing pressure sores to become significantly worse, you may be able to bring a medical negligence claim. Claims can also arise following failures to properly manage a patient’s pressure sore risk while they are unable to move independently.
Can I claim for pressure sores caused by neglect in a care home or nursing home?
Can I claim for pressure sores caused by neglect in a care home or nursing home?
Potentially, yes. Care homes and nursing homes have responsibilities towards residents who are at risk of developing pressure sores. If appropriate preventative measures or treatment were not provided and this resulted in avoidable injury, there may be grounds for a compensation claim. This is particularly important for residents with limited mobility who rely on carers to reposition them and manage their skin care.
How much compensation can I receive for a pressure sore claim?
How much compensation can I receive for a pressure sore claim?
There is no fixed amount of compensation for pressure sore negligence. The value of a claim depends on factors including the severity of the sores, pain and suffering, how long they take to heal, whether there are permanent complications and the impact on your mobility and independence. Compensation can also take account of financial losses and the cost of care, rehabilitation, treatment and specialist equipment. Taylor Emmet has previously secured settlements including £35,000 and £145,000 in pressure sore cases, although every claim is assessed individually.
How long do I have to make a pressure sore compensation claim?
How long do I have to make a pressure sore compensation claim?
In most medical negligence cases, you have three years from the date the negligence occurred or from the date you first became aware that your injury may have resulted from negligent care. Different rules can apply to children and people who lack mental capacity, and there are circumstances in which a court may allow a claim to proceed outside the usual time limit. It is therefore important to seek specialist legal advice as soon as possible.
Can I make a pressure sore claim on behalf of a family member?
Can I make a pressure sore claim on behalf of a family member?
In some circumstances, yes. It may be possible to bring a claim on behalf of somebody who does not have the mental capacity to manage their own legal claim. If a person has died following negligent care, certain family members or representatives of their estate may also be able to pursue a claim. A medical negligence solicitor can advise you about who is entitled to bring the claim and the process involved.
Can I make a pressure sore compensation claim on a No Win No Fee basis?
Can I make a pressure sore compensation claim on a No Win No Fee basis?
Taylor Emmet offers No Win No Fee arrangements for suitable medical negligence claims. We also offer a free initial consultation, during which our medical negligence team can discuss what happened, consider the circumstances surrounding the development of the pressure sores and advise you about the next steps.