Pressure Sores Claims
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Pressure Sores Negligence Claims
In summary, pressure sores claims are completely avoidable but happen nevertheless. Effectively, they develop when a patient spends too much time sitting or lying in one position. Such as when they are in a hospital or a care home.
An inability to move, either due to physical weakness, or possibly because they are unconscious, means they rely on nurses and care workers to prevent bedsores from forming.
In addition to being painful, pressure sores can be an opening for bacteria to enter and cause infection. Moreover, that can lead to further health issues for a patient who is already unwell. Believe you, or a person you love, has been affected by pressure sore negligence? The solicitors working with The Medical Negligence Experts can help you.
What is Pressure Sore Negligence?
Medical negligence may occur where inadequate steps are taken to prevent pressure sores. Indeed, it’s not always possible to prevent bedsores from forming. But negligence can cause harm if these correct diagnosis and treatment don’t happen quickly.
Pressure sores, bedsores and pressure ulcers form due to pressure preventing blood circulating to that area of the body. If the pressure is not relieved by moving the patient, the lack of blood can kill the skin. In turn, blood cells die, causing a wound to open and allow an infection to enter the body. Pressure sores can also form from an incorrectly applied plaster cast.
The most frequently used method used by hospitals and care homes to assess a patient’s risk of developing bedsores is the Waterlow assessment. Nurses or caregivers check for a variety of standard health markers and concerns and create or adjust a patient’s care plan accordingly.
Examples of pressure sore negligence
- Inadequate assessment of a patient’s risk of developing pressure ulcers.
- Inadequate monitoring for bed sores.
- Not using good quality mattresses and chairs to reduce pressure.
- Inadequate treatment of pressure sores.
- Failing to identify infection and refer a patient for further treatment if required.
- Incorrectly applying a plaster cast, or putting a bandage on too tightly.
Elderly and very sick patients are especially susceptible to developing pressure ulcers. When they become infected the results can lead to:
- bone infection;
- gangrene and amputation, and;
- even death.
How Can We Help?
The Medical Negligence Experts lawyers have experience handling all types of medical negligence claims, including those relating to pressure sore neglect. We represent clients who have been affected directly and work with families of those who have died due to pressure sore negligence or who are unable to make the claim themselves. If you can show that the bedsores resulted from negligent care, there is the potential to make a for a claim.
It does not matter whether the negligence occurred in a private or an NHS facility, negligence is unacceptable. Compensation can help pay for additional expenses such as extra nursing care, loss of earnings, and any corrective private treatment you may seek to avoid NHS waiting times.
The Medical Negligence Experts are here to help you. Even if you are unsure whether you have grounds to make a claim you can make a no-obligation query just by contacting us.
Compensation for how pressure sores can develop
Compensation is not a “windfall” or a “lottery win” like with personal injury. In addition, claimants are not lucky for having been awarded significant sums of money.
Compensation is legal and financial recognition that injustice has been done, first and foremost. Because a trusted medical professional made a mistake or fails in their duty of care. Those innocent people who suffered from pressure sores succumb to life-altering injuries on certain areas of skin. Maximum compensation for pressure sores negligence claims and clinical negligence can cover expenses for:
- medical expenses including physiotherapy and occupational therapy;
- the support of a speech and language therapist;
- lost earnings if a parent has to reduce their working hours or stop work to become their child’s carer;
- mobility aids and the cost of adapting their home to suit their needs;
- special education requirements.
Tabulating compensation for pressure sores negligence
Compensation is carefully calculated to make sure the victim can afford all the specialist care and support they will need so that they can live as full and enjoyable life as possible.
The process for claiming compensation for bedsore negligence is the same as for other medical negligence claims. There are four criteria which need to be met for a claim to have legal grounds.
- The patient received negligent care. That is, there were failings by a professional or organisation to appropriately identify and manage risks, or the resulting sores were left untreated.
- The negligence caused physical harm to the victim, be it yourself or a loved one who suffered. The majority of successful claims relate to physical pain and suffering. It is difficult to prove mental anguish adequately, particular in a baby, but your solicitor will investigate this if appropriate.
- When compared to the standard of care provided by a similar group of professionals, the other party acted in a way which fell below acceptable standards in that area of medicine. Not only does the claimant have to prove other professionals would consider their level of care substandard, they also have to show that the professionals giving that opinion are being reasonable when they do so.
- The claim is made before the child turns 21 years old. A parent or guardian can start a claim on behalf of their child until that child turns 18. Once they reach their 18th birthday, that person then has until their 21st birthday to start a compensation claim for medical negligence.
The nature of these claims
Consider the nature of pressure sores compensation claims, and the potential requirement of other medical treatment. As a result, some mobility aids might become necessary.
Legal advice is to start your claim as early as possible, even if the implications of your child’s injury are not yet able to be diagnosed. The Medical Negligence Experts offers a free, no-obligation consultation with a legal advisor who specialises in this field of law. They can help answer the initial questions you have about your right to make a pressure sores claim. Moreover, they can show you first-hand how to do so.
Funding a Compensation Claim for Pressure Sores
There are several options parents and guardians have if they are claiming compensation on behalf of a child. Pressure sores claims are one of the few types of medical negligence claims where it may be possible to obtain Legal Aid. Please bear in mind, however, that not all cases will qualify.
Some parents have insurance that will cover the legal cost of their claim. Meanwhile, others may use their own money to pay their legal fees up front. This option is risky, as there is no guarantee of a successful outcome and you could lose your life savings pursuing the compensation you deserve.
More common is to claim using a No Win No Fee* basis agreement. If your claim qualifies, your solicitor will offer to represent you. Moreover, they’ll do so without accepting any money in advance of obtaining compensation. If you win, you pay them an agreed percentage of your total compensation award as well as a success fee.
Yet if your claim is not successful, you do not have to pay them anything. That’s because they will waive their expenses. The other party may seek to reclaim their expenses from you, as is typical with compensation claims, but your solicitor will ensure you have adequate insurance in place to cover that outcome.