If you or a family member are receiving medical treatment, you have a right to trust that the professionals providing care are doing everything they can to make sure you’re safe and well. However, when standards are allowed to drop, it can lead to painful issues such as pressure sores. If this has happened to you as a result of medical negligence, you may be able to make a compensation claim.

Pressure sores can lead to serious health implications, which is why it's so important that anyone affected should be able to access compensation for their pain and suffering. Making a claim can aid your recovery and can also offer an opportunity for your healthcare provider to learn from their mistakes.

We understand that pressure sore compensation claims can be a complex topic to navigate - which is where Switalskis comes in. Our dedicated team of legal experts specialise in pressure sore negligence cases and we'll provide you with the understanding, empathy and guidance you'll need during this difficult period.

Whether you need advice on your eligibility for a compensation claim, information on the overall pressure sore claims process, or just someone to listen to your concerns, we’re here for you. Reach out to us today and let us stand beside you in this fight for justice.

Pressure sores are mainly caused by three factors: pressure, friction and shear.

• Pressure: when pressure is applied to the skin over a long period, it can reduce blood flow to the area. Without enough blood, the skin can become damaged and may eventually die. This is most common in areas where your bones are close to your skin, such as your heels, hips, elbows and the base of your spine.
• Friction: this happens when the skin rubs against clothing or bedding. It can make fragile skin more vulnerable to injury, especially if the skin is also damp.
• Shear: this happens when two surfaces move in the opposite direction. For example, if you're reclining in a bed, your skin may stick to the sheets while your bones slide down with the bed, pulling on and damaging your skin.

Certain conditions and circumstances can increase the risk of developing pressure sores even further, including:

• Staying immobile for a long time: this can be due to a variety of reasons, such as health conditions that need bed rest or the use of a wheelchair, or being hospitalised in intensive care.
• Medical conditions affecting blood flow: conditions such as diabetes or vascular diseases can affect circulation, increasing the risk of damage to your tissues.
• Malnutrition: proper nutrition is vital for maintaining skin health and facilitating wound healing. If your diet lacks key nutrients, you'll become more vulnerable to pressure sores.
• Old age: the skin of older adults is generally thinner, less elastic and more fragile, making it more susceptible to damage.
• Lack of sensory perception: conditions such as spinal cord injuries can prevent you from properly feeling pain or discomfort, meaning you might not notice a pressure sore developing until it’s already progressed far enough to cause serious damage.

In a healthcare setting, these risks should be assessed and managed proactively by the healthcare professionals responsible for your care. Failure to do so can be classed as medical negligence and could form the basis for a compensation claim for pressure sores.

Pressure sore negligence claims can be made if you or a loved one have suffered from pressure sores as a direct result of insufficient care, neglect or a breach of a medical professional's duty of care. You need to be able to show that the standard of care you received fell below the necessary standard and that this failure led directly to you developing a pressure sore.

Negligence can take many forms, including:

• Inadequate risk assessment: healthcare providers have a duty to identify patients at risk of developing pressure sores. If they fail to assess a patient's risk properly, they might not implement the necessary preventative measures and this could be considered to be negligent.
• Failure to put the right preventative measures in place: once a patient has been identified as being at risk, steps must be taken to prevent pressure sores from forming. This includes regular repositioning, maintaining good skin hygiene and using tools such as a pressure-relieving mattress to help protect the patient.
• Poor response to early signs: if early signs of pressure sores are ignored or not noticed due to inadequate monitoring and this causes the condition to get worse, this may be seen as medical negligence.
• Inadequate treatment: if pressure sores develop, they need to be treated promptly and effectively to prevent them from worsening. Inadequate or delayed treatment can lead to a deterioration in the patient's condition, causing unnecessary suffering and possibly leading to more serious complications.

These circumstances could all potentially be grounds for a compensation claim. However, every case is unique and it's vital to speak to a legal expert to understand your rights and potential course of action when claiming pressure sores compensation.

Timing is important when it comes to making a pressure sore claim. By law in England and Wales, you typically have three years from the date when the medical negligence happened to bring a claim, or from when you first became aware that negligence may have caused the pressure sores. This is known as the limitation period.

For instance, if a loved one developed pressure sores due to negligent care in a hospital, and you became aware of this negligence on that day, the three-year time limit would start from that date. However, for many pressure sore claims, the negligence may only be discovered at a later date, in which case the three-year period would begin from the day you made that discovery.

There are some exceptions to this rule:

• Children: if the person who suffered the negligence is under 18 at the time, the three-year period doesn’t start until their 18th birthday. This means they have until they turn 21 to start legal proceedings.
• Mental capacity: if the person who suffered the negligence lacks mental capacity to make their own decisions, there may be no time limit to make a claim on their behalf.
• Fatal cases: if you’re claiming on behalf of a deceased family member who passed away due to complications arising from pressure sore negligence, the claim must be made within three years of the date of death, or the date of knowledge that negligent treatment caused their death.

Potential costs are among the biggest concerns our clients have about claiming pressure sore compensation. At Switalskis, we're committed to making the process as accessible as possible by offering various funding options to meet your needs:

• No win, no fee agreement: also known as a conditional fee agreement (CFA), this is the most common way to fund a pressure sore claim. Under a no win, no fee agreement, you won’t need to pay anything if your claim is unsuccessful. Our costs are written off. If you win your case, a percentage of your compensation will be used to cover our fees. This option allows you to pursue your claim without any financial risk, and we’ll discuss all of the potential costs with you upfront to avoid any surprises.
• Legal expenses insurance: we will begin an insurance policy to cover you for the out-of-pocket costs we experience during the investigation. We have our own insurance provider that we use. However, you may have legal expenses cover as part of your home or car insurance policy, which can also be used to fund your claim. We’ll assist you in understanding your policy and liaising with your insurer.
• Legal aid: in very rare cases, Legal Aid may be available for clinical negligence claims, although it’s usually reserved for specific situations. Our team can guide you on whether you might be eligible.

Remember, your first consultation with our clinical negligence solicitors is free and without obligation. We'll discuss the funding options available to you and help you choose the best one for your situation.