In this guide, we will discuss when you may be eligible to bring forward a medical negligence claim for bed sores in a hospital and how much compensation you could receive. Bed sores, which the NHS also refer to as pressure sores or pressure ulcers, are injuries to the skin and tissue, which are usually caused by prolonged pressure on the skin. Your care team may assess your risk of developing bed sores and put together a timetable for how often you need to move or be moved.
What Could My Medical Negligence Claim For Bed Sores In Hospital Be Worth?
In a hospital, all medical professionals owe their patients a duty of care. If they were to breach this duty, it could lead to you, as their patient, suffering avoidable and unnecessary harm. In tort law, this is negligence. You may be eligible to make a medical negligence claim to pursue compensation for the avoidable harm you have suffered.
Moving through this guide, we will explain how medical negligence compensation can be calculated. Also, we will discuss the eligibility requirements that your case must meet to be considered viable, including the relevant limitation period. Following this, we will explain how you can support your case with evidence.
Finally, we will define the term No Win No Fee and look at the benefits of seeking the help of a solicitor on this basis.
If you would like to discuss a potential pressure sore claim with one of our friendly advisors, please get in touch today. Our team are available 24/7 to provide help and guidance. What’s more, they have access to our panel of specialist medical negligence solicitors.
Please reach out to our team by:
- Calling our adviceline on 0800 652 3087
- Filling out our ‘contact us’ form
- Writing to an advisor via the live chat feature on this page
Select A Section
- What Could My Medical Negligence Claim For Bed Sores In Hospital Be Worth?
- When Could I Claim For Bed Sores In The Hospital?
- Medical Negligence Claims Time Limits
- Evidence Essential In Proving Medical Negligence Claims
- Make A Hassle-Free No Win No Fee Claim For Bed Sores In Hospital
- Learn More About Hospital Negligence Claims
What Could My Medical Negligence Claim For Bed Sores In Hospital Be Worth?
The compensation award for a successful medical negligence claim for bed sores in a hospital can consist of up to two types of damages. These are known as general damages and special damages.
Firstly, general damages can compensate for the medical negligence. This considers the effect on your quality of life and the severity of the avoidable harm you have suffered.
The severity of bed sores can vary from a grade 1 pressure sore to a grade 4 pressure sore, where the wound is so deep it could reach the muscle and bone. Bed sores also have the potential to lead to further health issues, such as bone and joint infections, cellulitis, sepsis and gangrene. Sepsis causes damage to your body’s tissues and organs, and gangrene is a serious condition that causes body tissue to die due to a lack of blood supply. In severe cases, this could lead to amputation.
We have created the following table as a guide to general damages in a medical negligence claim for bed sores in a hospital. To make the table, we referred to the Judicial College Guidelines (JCG), which is a document that medical negligence solicitors can use to help in the process of valuing a claim of this kind.
Guideline Compensation Table
| Type of Harm | Severity | Notes on the Harm | Compensation Bracket Guidelines |
|---|---|---|---|
| Leg | (a)(i) Amputation | The loss of both legs. This is both above the knee or one at a high level above the knee where the other is lost below the knee. | £240,790 to £282,010 |
| Leg | (a)(iii) Amputation | One leg is amputated above the knee. | £104,830 to £137,470 |
| Leg | (a)(iv) Amputation | One leg is amputated below the knee. | £97,980 to £132,990 |
| Brain Damage | (b) Moderately Severe | The individual will be very seriously disabled and need constant care. | £219,070 to £282,010 |
| Brain Damage | (c)(ii) Moderate | There will be a moderate to modest intellectual deficit and further problems. | £90,720 to £150,110 |
| Kidney | (a) Serious and Permanent | Either the loss of both kidneys or serious and permanent damage to both. | £169,400 to £210,400 |
| Kidney | (c) Loss of One Kidney | No damage to the other. | £30,770 to £44,880 |
| Arm Amputation | (b)(i) Loss of One Arm | Arm amputation at shoulder level. | Not less than £137,160 |
| Arm Amputation | (b)(iii) Loss of One Arm | Arm amputation at a level below the elbow. | £96,160 to £109,650 |
| Foot | (b) Amputation of One Foot | The ankle joint is lost. | £83,960 to £109,650 |
Please note that this table is a guide and not an exact representation of the settlement you would receive in the event of a successful case.
Could Special Damages Be Awarded?
Secondly, special damages could be awarded to a successful claimant to compensate for the financial losses suffered as a result of the medical negligence. These financial losses may include:
- Loss of earnings.
- Care costs.
- Housing adaptations to accommodate a disability.
- Travel expenses.
It is important to mention that you must provide evidence of the financial losses you have suffered to claim special damages. This evidence could include travel tickets, payslips, receipts and invoices.
Would you like an estimate of how much your potential medical negligence claim for bed sores in a hospital could be worth? Speak to one of our advisors today.
When Could I Claim For Bed Sores In A Hospital?
Medical professionals owe a duty of care to their patients. This duty means that they must provide the correct standard of care. Failure to provide care meeting this standard could result in you, the patient, suffering avoidable harm. This may involve unnecessary pain and suffering, the worsening of your condition, psychological harm or a negative effect on your prognosis.
There are eligibility criteria that you must prove your case meets for it to be considered a legitimate medical negligence claim. These criteria are as follows:
- Firstly, a medical professional owed you a duty of care.
- Secondly, this medical professional breached their duty of care.
- Finally, this breach caused you to suffer avoidable harm.
Therefore, not all cases of bedsores will entitle you to make a hospital negligence claim. For example, if you suffer from bed sores in a hospital despite the medical professionals upholding the duty of care owed to you, you would be unable to claim.
In addition to the criteria listed above, you must also ensure that your case is within the relevant time limit, which we will discuss in the following section. If you have any questions about making a medical negligence claim, please get in touch with our team today.
Medical Negligence Claims Time Limits
As per the Limitation Act 1980, there is a limitation period for medical negligence claims. This is the period of time in which legal proceedings must begin for your claim. For clinical negligence cases, this is generally 3 years from:
- The date that the medical negligence occurred; or
- The date that you connected the negligence and the harm you suffered.
There can be exceptions to these time limits, for example, in cases where the claimant is a child or where the person lacks the mental capacity to bring forward a claim.
To learn more about how these exceptions can affect a limitation date in connection with your case, please speak to one of our advisors. Also, they can give you insight into your eligibility to make a medical negligence claim for bed sores in a hospital.
Evidence Essential In Proving Medical Negligence Claims
To support a medical negligence claim, it is important to provide evidence that shows your case meets the eligibility criteria we have laid out. This could include:
- Contact details of any potential witnesses
- The results of an independent medical assessment
- Copies of your medical records
- Any blood test results
- Prescriptions
- A diary of your symptoms and treatment
You could also consider the use of the Bolam test, where other similarly trained medical professionals assess the standard of care you received. If the findings from this test support your case, you could use these as evidence for your claim.
Please speak to our team of advisors to learn more about the steps you could take towards a clinical negligence claim for bed sores in a hospital. They can provide further insight into the proof of medical negligence that can be used to strengthen a claim.
Make A Hassle-Free No Win No Fee Claim For Bed Sores In Hospital
If our team finds that you may have an eligible claim for bed sores in a hospital, they could put you in contact with one of our No Win No Fee medical negligence solicitors. They can offer their services under a popular type of No Win No Fee agreement that is known as a Conditional Fee Agreement (CFA).
In line with the terms of a CFA, you generally would not be required to pay for the services provided by your medical negligence solicitor at the following times:
- Before the claim begins
- During the ongoing course of your claim; or
- In the event that your claim is unsuccessful.
On the other hand, a successful claim can mean your solicitor is entitled to take a small percentage of the compensation. This is capped by the relevant legislation. Therefore, you cannot be overcharged.
Contact Us
Our friendly team of advisors are available 24 hours a day, 7 days a week. You can call a member of our team to discuss your potential claim at a time that best suits you.
Please reach out to our team by:
- Calling our adviceline on 0800 652 3087
- Filling out our ‘contact us’ form
- Writing to an advisor via the live chat feature on this page
Learn More About Hospital Negligence Claims
Please explore our website to find more information on hospital negligence claims:
- Sepsis Medical Negligence Claims
- Private Healthcare Medical Negligence Compensation Claims
- How Much Is Medical Negligence Worth?
Also, follow the external links below to learn more:
- NHS – Pressure Sores Treatment
- GOV.UK – Statutory Sick Pay (SSP)
- Mind – About Us
Thank you for reading this guide on when you may be eligible to bring forward a medical negligence claim for bed sores in a hospital and how much compensation you could receive. If you have any remaining questions or you would like a personalised compensation estimate, please get in touch with our team.
Guide by Jess
Edited by Fern