Pressure Sore Compensation Claim — Can I Claim? 2026 Guide

You can claim pressure sore compensation if a pressure ulcer developed or worsened in a hospital, care home, or NHS community care setting due to failures in nursing care — and you can show that those failures caused the harm. Stage 3 and stage 4 pressure ulcers in managed care settings almost always indicate that required preventive measures were not in place. This guide explains the four legal tests your claim must satisfy, who can bring a claim, and what the process involves.

The Four Legal Tests for a Pressure Sore Compensation Claim

1. Duty of Care

Any healthcare provider treating or caring for a patient owes that patient a duty of care. This applies to NHS hospitals, NHS community nursing teams, private hospitals, care homes regulated by the CQC, and individual healthcare professionals. The duty is not in dispute in the vast majority of pressure ulcer cases — the question is whether it was breached.

2. Breach of Duty

A breach occurs when the care provided falls below the standard that a responsible body of medical or nursing opinion would have provided in the same circumstances. For pressure ulcer prevention, the benchmark is NICE guideline CG179. Key requirements include: risk assessment on admission using the Waterlow score; a written care plan responding to the identified risk; regular repositioning documented in repositioning charts; pressure-redistributing equipment appropriate to the risk level; daily skin inspection with findings recorded; nutrition and hydration monitoring; and escalation to a GP or tissue viability nurse when skin changes are identified.

Failure to take any of these steps, in a patient who then develops a pressure ulcer, is the typical basis for an allegation of breach. The care records — repositioning charts, risk assessments, nursing notes, body maps — are the primary evidence. Gaps in charts, missing assessments, and documented skin changes that triggered no response are the most common indicators of breach.

3. Causation

It is not enough to show that the care was substandard — you must show that the breach of duty caused or materially contributed to the harm. This means demonstrating that, had the required care been provided, the pressure ulcer would not have developed to the severity it reached, or would not have developed at all. In practice, causation is established through expert evidence — typically from a tissue viability nurse specialist who reviews the care records and gives an opinion on whether adequate care would have prevented the outcome.

4. Damages

General damages compensate for pain, suffering, and loss of amenity — the wound itself, any surgery, infection, hospitalisation, and lasting effects. Special damages cover out-of-pocket losses: care costs, medical expenses, transport, and lost earnings where a family member gave up work to provide care. For fatal cases, the estate may claim for the deceased’s pre-death suffering, and dependants may claim financial losses under the Fatal Accidents Act 1976. For a full explanation of how staging affects claim value, see our guide to the stages of pressure sores.

Time Limits for Pressure Sore Compensation Claims

The limitation period is three years from the date of the negligent act — or, if later, three years from the date the claimant first knew that the harm was caused by negligence. Exceptions: children (clock starts at 18); adults lacking mental capacity (clock does not run while incapacity continues); fatal claims (fresh three-year period from date of death). Do not wait — once limitation expires, the claim is almost always permanently lost.

Who Can Make a Pressure Sore Compensation Claim

Where the patient is alive, they bring the claim themselves — or through a litigation friend if they lack mental capacity. Where the patient has died, two categories of claim may be available: the estate’s claim under the Law Reform (Miscellaneous Provisions) Act 1934, for the pain and suffering the deceased experienced before death; and a dependency claim under the Fatal Accidents Act 1976, for the financial losses suffered by those who depended on the deceased.

Evidence Needed for a Pressure Sore Claim

The starting point is the full care record: nursing notes, repositioning charts, risk assessments, body maps, wound assessment charts, GP referral letters, and any tissue viability nurse reports. You are entitled to request these records. A specialist solicitor will make this request formally and ensure complete disclosure. A medical expert — typically a tissue viability nurse consultant — then reviews the records and provides a report on whether the care fell below the required standard and whether that failure caused the pressure ulcer to develop or worsen. In cases involving infection, osteomyelitis, or sepsis, additional expert evidence may also be required.

No Win No Fee Pressure Sore Claims

Curtis Legal handles qualifying pressure ulcer compensation claims on a conditional fee agreement — no win no fee. If the claim does not succeed, you pay nothing. The success fee is agreed and explained to you in full before the agreement is signed. There is no upfront cost and no financial risk to bringing a claim. If you are considering a claim for pressure ulcers in a care home specifically, see our guide on compensation for pressure ulcers in care homes.

Frequently Asked Questions