If you are left immobile for a significant length of time, there is a risk that you will develop pressure sores (often referred to as bedsores or pressure ulcers) if you do not receive the appropriate level of medical support. If you have developed pressure sores as the result of medical negligence, our expert medical negligence solicitors can advise you if you are entitled to compensation.
Making a pressure sore claim can help you to claim for general damages to you or a loved one’s health, loss of potential earnings and medical expenses. It is understandable to feel a sense of anger if you have been let down as the result of a clinical error, so it’s important to get the right legal advice to help you get answers about what went wrong.
Our specialist medical negligence solicitors have been representing individuals in Rhondda Cynon Taff and Bridgend for over 30 years, so we are well placed to help you reach a positive outcome when pursuing a pressure sore compensation claim in South Wales.
Why choose Devonalds for your pressure sore claim?
We have a strong track record of successfully advising families across Rhondda Cynon Taff and Bridgend and, as a result, have developed a strong connection with our local community. The majority of our team hail from the Rhondda Cynon Taff area, which is part of the reason why we are so passionate about providing our clients with the highest level of support.
We will tailor our advice to match your personal situation and will be more than happy to answer any questions you have about your case in plain English, without any unnecessary legal jargon.
Our team will use their expertise to help settle your pressure sore claim out of court where possible. This will allow you to make a claim much quicker, save you legal fees and avoid the associated stress. If court proceedings are required, then we can provide you with robust representation to help to achieve the outcome you deserve.
Speak to us today about staring a claim for pressure sores
For a friendly, informal discussion about whether you or a loved one are entitled to make a pressure sore compensation claim, feel free to contact your local Devonalds team in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.
How claiming compensation for pressure sores works
Starting a claim for pressure sore compensation
Before you start a pressure sore claim, we will make sure to advise you on how your case is likely to unfold, including your relative chances of success, how much compensation you are likely to receive and what the process will include.
We offer a free initial meeting that will run through the options available to you, but you will be under no pressure to pursue a claim with us. We want to make sure that you are entirely comfortable that you are making the right decision for you and your loved ones.
No win, no fee pressure sore claims
Many of our medical negligence clients work with us under a conditional fee agreement, otherwise referred to as a no win, no fee deal, avoiding any financial risk when pursuing compensation.
Our fees will only apply if we are successful in claiming compensation on your behalf. There are no upfront fees and, if you claim is unsuccessful, you will not owe us anything.
It is also possible that, if your pressure sore claim is successful, the legal costs may be met by the other side, meaning there will be no costs for yourself.
Proving your pressure sores were caused by medical negligence
To pursue a claim, we must show that the level of care you received while you were immobile fell below the expected standards and directly led to your pressure sores. This will typically rely on various types of evidence, including:
- Medical records such as risk assessments
- Testimony from independent medical experts
- Witness testimony
Our medical negligence lawyers will use their experience to gather all of the appropriate evidence that can prove pressure sores were caused by negligent medical treatment. That information will be presented effectively to give you the best chance of a positive outcome.
Valuing your pressure sore claim
Valuing how much compensation you are entitled to is referred to as ‘assessing quantum’ or ‘assessing quantum of damages’. This will involve an overview of all the ways your pressure sores have impacted your life, both financial and non-financial.
Compensation for pressure sore negligence can cover a wide range of issues, including:
- The cost of medical treatment, specialist care & equipment
- Lost income if you need to take time off or give up work
- Pain and suffering
- Travel costs and other expenses
- Loss of amenity i.e. not being able to carry out activities you/your loved one would otherwise have enjoyed
- Providing for your/your loved one’s future financial independence
Time limits for pressure sore compensation claims
Under normal circumstances, you will have 3 years to make a claim from the date when a pressure sore occurred, or when you first became aware of it. However, there may be exceptions where you have longer to make a claim.
If the claimant is under 18, their parents or guardians will have up until they turn 18 to bring a claim forward on their behalf. The claimant will then have until their 21st birthday to pursue their claim if necessary.
If you are claiming on behalf of a loved one who has died as the result of a pressure sore, you will typically have three years from the date of their death. There is usually no time limit if you are making a claim for someone who lacks the mental capacity to do so.
If you are unsure whether you have time to make a claim, please get in touch with a member of our team today.
Reaching an out of court settlement
We will always aim to settle your claim out-of-court wherever possible using methods of Alternative Dispute Resolution (ADR) and negotiation. This can save you time when claiming compensation, as well as typically resulting in lower legal fees.
Taking a claim to court
If it is not possible to resolve your claim out-of-court, our team will lend their expertise to provide you with robust representation for your hearing.
We will support you every step of the way, helping you to prepare your case to give you the best possible chance of reaching a positive outcome. Our team will work to keep the process as clear and transparent as possible, keeping you informed about what the likely outcome of your case will be.
Managing compensation for a pressure sore claim
If your claim is successful, it’s important to carefully manage your compensation so that your short and long-term needs are fully met.
For example, your access to means-tested benefits may be affected if you do receive compensation. As such, we can advise you on placing compensation into a personal injury trust which allows you to ring fence the funds so they can be used to meet your needs without affecting your benefits.
Common questions about pressure sore claims
How long does it take to get compensation?
We will strive to get you the compensation you deserve as quickly as possible, but in complex cases, reaching a successful outcome could take several years. We will be open about how long your individual case is likely to take, taking the surrounding context into consideration.
A settlement can usually be achieved quicker if court proceedings are not required. If you are in urgent need of funds to meet your needs, then interim payments can be arranged while you claim is still ongoing.
How do interim payments work?
Where the healthcare provider responsible for the pressure sore admits liability, we may be able to secure interim payments to help cover any immediate costs.
This could apply in situations where the level of compensation you are due to receive has not yet been decided. The interim payments will give you access to the treatment you need without being compromised by a lack of funds.
Can I claim for someone who has died from pressure sores?
Yes. If a loved one has died as a result of a pressure sore that wasn’t properly managed, then you may be able to claim compensation if you were a dependent of theirs. If you are eligible, you will have three years from the date of their death to bring forward a claim.
Will I get an apology?
Unfortunately, even in situations where we are able to secure compensation on your behalf, we cannot guarantee that you will receive an apology from the heath care provider responsible. However, we appreciate that it’s important for people to receive acknowledgement that their care fell below the expected standards, so we will always aim to secure an apology where possible.
Start a pressure sore compensation claim
For a friendly, informal discussion about whether you or a loved one is entitled to pursue a pressure sore compensation claim, please contact your local Devonalds team in Bridgend, Pontypridd, Talbot Green, Tonypandy, Treorchy or Tylorstown.