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.
Written by Simon Jenkins — what to do if you think you have a claim.
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.
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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
Can I claim for a pressure sore that developed in hospital?
Yes. NHS hospitals owe patients exactly the same duty of care as private hospitals and care homes. Where a pressure ulcer develops due to failure to follow NICE guideline CG179, a claim against the NHS trust is available. The same four-element test applies.
Is there a time limit to make a pressure sore claim?
Three years from the date of the negligence, or three years from the date of knowledge — whichever is later. For children the clock starts at 18. For adults lacking capacity the clock does not run while incapacity continues. For deaths the clock runs from the date of death. Take advice as soon as possible.
What if the care home or hospital says the pressure sore was unavoidable?
A defendant is entitled to raise unavoidability as a defence, but must demonstrate that all required preventive measures were in place. Gaps in repositioning charts, absent risk assessments, and missing pressure-relieving equipment make this defence very difficult to sustain.
Do I need to go to court?
The majority of pressure ulcer compensation claims settle out of court following the exchange of expert evidence and negotiation between solicitors. Court proceedings are issued as a formal step in the process but most cases resolve before a trial is necessary.
Can I claim on behalf of a relative who has died?
Yes. The estate can claim for the deceased’s pre-death pain and suffering. Dependants can claim financial losses under the Fatal Accidents Act 1976. A fresh three-year limitation period runs from the date of death. Contact Curtis Legal as soon as possible to ensure the claim is assessed and issued within time.
Don't Let the Time Limit Catch You Out
Most medical negligence claims must be brought within 3 years. The clock may already be running — get advice now.
