What is a pressure sore?
A pressure sore arises when a person is unable to move for lengthy periods and this in turn leads to prolonged pressure on an area of skin causing damage to the skin and tissue underneath. You may also hear reference to pressure ulcers or bed sores which are other terms used to describe pressure sores. They often appear on bony areas of the body including the heels, elbows, tailbone and hips.
When do you get a pressure sore?
They can happen when a person is immobile, bedridden or unconscious. They are also a problem for people who have a nerve injury which inhibits their ability to feel pain.
How might a pressure sore arise in a medical setting?
Pressure sores are a concern for hospitals and care homes as they regularly care for people with reduced mobility because of injury, disease or illness. An extended period of pressure to an area of the body can severely restrict blood flow. If there are no proper measures in place to ensure the frequent movement of immobile patients or care home residents they can go on to develop pressure sores.
These sores often develop very quickly without appropriate monitoring and intervention, they can cause serious injury, pain and disability for the patient.
What are the duties of medical providers and professional carers to reduce the risk of a patient developing a pressure sore?
All medical professionals and carers owe a duty of care to those they are looking after. There will be policies in place in all medical and care settings which must be adhered to so as to prevent a pressure sore from developing.
Frequent monitoring is essential. It is very important that patients are turned regularly, repositioned and also receive good quality skin care to prevent the sores developing. It is also essential they drink plenty of fluids and receive a healthy, balanced diet. There are certain items of equipment which may help to prevent a sore developing or worsening, including air mattresses and pressure cushions.
At the first sign of any skin damage, steps should be taken to prevent the skin from deteriorating and breaking down.
What are the stages of a pressure sore?
There are four stages of pressure sores. These are:
Stage 1 – this is the least severe form of damage. A person may complain about pain or report mild burning and itching
Stage 2 – this is the stage at which the sore starts to infiltrate the surface of the skin. It is likely to appear broken in the form of an open wound or blister. There will be increased pain, discolouration and it is likely to be swollen and feel warm
Stage 3 – at this level, the sore has infiltrated the skin and is entering the tissue leading to a “crater” like appearance. It may smell bad and look infected. It can be accompanied by blackening of the skin which suggests dead tissue. When a sore reaches this stage, it is considered serious
Stage 4 – at this stage, the sore can start to compromise the muscles and ligaments. There will be blackened skin and the wound will appear infected. In addition, the sores will be deep and muscles may be visible. It is considered an emergency and is the most serious stage
Whilst a pressure sore can lead to pain and discomfort, if a sore is allowed to develop into a stage 4 pressure sore, it is more likely that a person will be left with persistent ongoing pain, suffering and deformity. Such sores can take years rather than months to heal.
When might I have a claim for pressure sore compensation?
If it can be established that a pressure sore has developed due to the medical professional or carer’s failure to undertake the necessary monitoring and steps to prevent a pressure sore from developing or worsening, then you may have a claim for compensation.
Sometimes, in scenarios where staff are busy, there may be certain patients who do not receive the care they require.
It is accepted that the worsening of a pressure sore can be limited with prompt treatment, if not prevented entirely in the first place with appropriate care and monitoring.
There are, however, situations where sores develop even with appropriate care. Some patients arrive at the medical or care setting with already established tissue damage. In certain cases, moving a patient may be more detrimental to their health and well-being and be considered a higher risk than the development of a pressure sore. In these cases, it is unlikely the treatment will be regarded as negligent.
What damages can I recover?
This will depend on the pain and suffering you can prove you have endured. This will be done via medical reports prepared by an independent medical expert. Damages will be awarded for any future impact the injury may have on you as well as how you are at the date of settlement.
Where there has been a full recovery within a short period of time, then the damages will be limited. If, however, the medical evidence shows that you have permanent loss of tissue and scarring and this affects your mobility, then the damages can be substantial.
How long do I have to bring a case?
You have a period of three years from the date of the negligent treatment which resulted in you developing a pressure sore, or the date you became aware of it, if later, to bring a claim.
A child under 18 at the time has three years from the age of 18 to bring a claim. This means they would need to have started Court proceedings by the time they are 21.
The only other exception to the three-year rule is a person who lacks mental capacity. They have no time limit within which to commence an action.
An experienced Solicitor will be able to advise you at the outset about the relevant time limits which apply to your claim.
How will my case be funded?
Most claims are funded on a Conditional Fee Agreement basis, commonly referred to as a “no win, no fee” agreement. This means you do not have to pay your Solicitor in the event the claim is unsuccessful. Your Solicitor will discuss the funding of the case with you initially prior to starting work on the case.
Next Steps...
If you feel you may have a claim for the development of a pressure sore sustained during the course of your treatment, you can contact our team of experienced clinical negligence solicitors for an initial discussion at no cost on 01283 214231 or via email at legal@timms-law.com
