Pressure Sore Claims
Pressure sores, also known as pressure ulcers and bedsores, are easily preventable through good nursing care, but can be very serious if allowed to develop, especially if they are not identified and treated promptly. While pressure sores can affect anyone, they are more common in elderly and vulnerable patients with mobility issues and so can occur in care homes, as well as in hospital.
Untreated pressure sores can result in significant pain and suffering for the patient, with the risk of long-term damage to the skin and underlying tissue. In the most severe cases, pressure sores that are not treated quickly enough can lead to amputation and even more minor pressure sores can take a very long time to heal.
If you or a loved one have suffered with pressure sores as a result of negligent medical care, you may be entitled to claim compensation. This can often be essential to allow you to deal with the on-going consequences of the damage caused by the pressure sores, for example, helping to cover the cost of prosthetics, additional care support and lost income.
Wolferstans’ medical negligence solicitors have particular expertise with pressure sore negligence claims, having achieved substantial compensation for our clients over the years, including under challenging circumstances.
Our expertise means we can offer a highly accurate valuation for your claim, giving you a clear picture of what compensation you may be able to achieve and helping you avoid the risk of under-settling your claim. We also know exactly what is needed for a successful claim, so can ensure no relevant details are missed when building your case.
Our medical negligence team are highly skilled in negotiation and non-confrontational dispute resolution. As a result, we can typically resolve pressure sore claims outside of a court hearing. This not only allows you to avoid the stress and uncertainty of attending court, it also typically allows us to achieve compensation faster and with lower legal costs for you.
We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.
To arrange your consultation please contact the new client team on 01752 648898.
Our pressure sore negligence claims service
Our pressure sore negligence lawyers support clients throughout England and Wales with all types of compensation claims for pressure sores, including those related to:
- Failure to carry out a proper patient risk assessment for pressure sores
- Failure to properly record the results of a risk assessment
- Failure to prepare a care plan following a risk assessment
- Failure to implement a turning regime
- Failure to provide a pressure relieving mattress, cushion or other equipment
- Inadequate nursing care
- Bandages, plaster casts and other dressings being applied too tightly
- Failure to identify and appropriately treat pressure sores
Read about some of the cases we have successfully pursued in relation to pressure sore claims.
How pressure sore compensation claims work
Our clinical negligence lawyers provide sensitive, practical guidance to help make navigating the entire claims process as easy as possible.
A typical pressure sore negligence claim will involve:
- Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
- Contacting the relevant healthcare provider with the details of your claim.
- Ensuring the defendant responds to your claim in a timely fashion.
- Assessing the defendant’s response and advising you of your options.
- Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
- Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.
Find out more about the process of making a clinical negligence claim.
Funding a pressure sore compensation claim
We understand that when considering making a claim for pressure sore negligence, you are likely to have questions about how to fund the cost of your claim. Our promise is that, as long as we believe your claim has a reasonable chance of success, we will find a funding option that works for you.
For the majority of our clinical negligence clients, this means using a conditional fee agreement to fund your claim. Commonly referred to as ‘no win, no fee’ this type of funding agreement means you only have to contribute towards your legal costs and expenses if your claim is successful and we secure compensation for you.
This means you do not have to pay anything towards those costs at the outset, so your financial situation should never be a barrier to starting a claim. In the event we do secure compensation, the fees you pay will normally be based on a percentage of the damages won, allowing you to get the maximum benefit from your claim.
One common alternative for funding a pressure sore negligence claim is legal expenses insurance. Frequently offered as an optional extra with home insurance policies, as well as with some bank accounts and credit cards, this can be a more attractive option depending on your circumstances, so we will be happy to discuss this during your initial meeting with our team.
To discuss your options for covering the cost of a pressure sore claim, please don’t hesitate to get in touch.
Find out more about funding a medical negligence claim.
Our expertise in pressure sore claims
Over the years, our medical negligence lawyers have helped numerous clients to achieve substantial damages for pressure sore negligence. Our specific expertise with these types of claims means we can ensure you claim is handled the right way from the outset, giving you the very best chance of achieving a fair outcome.
Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.
Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.
Find out more about our medical negligence claims team.
Read our client testimonials.
Common questions about pressure sore claims
If you are making a claim for a pressure sore you experienced, you will usually have 3 years to do so from the time the negligence occurred. However, if you only realised that the injury was due to negligence later, the 3 year time limit may sometimes be counted from this point instead.
- If you are making a claim for someone under the age of 18, you will have until they turn 18 to do so. If this is not done, the claimant will have 3 years from their 18th birthday to pursue a claim on their own.
- If you are making a claim on behalf of someone who lacks the mental capacity to do so themselves, there is normally no time limit for you to bring a claim.
- Where a loved one has died as the result of complications connected to pressure sore negligence, you will usually have 3 years to claim from the date of death.
Knowing which time limit applies to your situation is not always easy, so we strongly recommend consulting with one of our medical negligence lawyers no matter how long ago the alleged negligence occurred.
This will depend on the seriousness of the injuries involved and the impact they have had on your/your loved one’s lifestyle.
There are two types of damages you can typically claim for pressure sore negligence:
Special damages – Covering specific financial losses that have been incurred up to the date of settlement. This can include such things as paying for private medical treatment and care support, buying prosthetics and lost income as a result of having to take time off work.
General damages – Covering non-financial losses, such as pain and suffering and changes to your lifestyle, as well as likely future financial losses and expenses, such as the cost of on-going treatment and care, damage to your career prospects etc.
Because pressure sores are much more common in elderly and vulnerable patients, it is often necessary for a friend, family member or other trusted person to assist them with making a compensation claim.
To support someone who lacks the mental capacity to bring a claim by themselves, you will usually need to be appointed as a ‘litigation friend’. This means you will then have the authority to make decisions for the vulnerable person you are supporting in relation to their claim, including attending court on their behalf.
You will need to apply to a court and meet the necessary criteria to become a litigation friend, which is something our lawyers can help you with, as well as supporting you through the entire claims process.
Further information about pressure sore negligence claims
For more information about pressure sore compensation claims and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.
Start a pressure sore negligence claim with us today
To arrange a free initial no obligation consultation and find out more about starting a pressure sore claim:
To arrange your consultation please contact the new client team on01752 648898.