Pressure Sores Due to Neglect*

Certain care settings carry a higher risk due to the vulnerability of the patients and the nature of the care being provided:

• Public and private nursing homes: Residents who are immobile or bed-bound need frequent repositioning and careful monitoring. A failure to carry out basic checks can quickly lead to sores.
• Hospitals: Patients recovering from surgery, stroke, fractures or serious illness are particularly at risk, especially if they are not fully conscious or mobile. Delays in responding to early signs of skin damage can lead to more serious wounds.
• Rehabilitation and step-down facilities: When staffing is thin or routines are not followed properly, patients can go for hours without being turned or observed.
• Home care under agency supervision: People receiving care in their homes may rely on agency staff to assist with mobility and hygiene. If carers do not follow proper turning schedules or if equipment like pressure cushions is missing, injuries can arise just as easily at home.

The underlying causes of pressure sores in care settings often include:

• Failure to turn or reposition the patient regularly
• Lack of risk assessment on admission or after deterioration
• Inadequate staffing levels to provide timely checks and assistance
• Withdrawal or absence of proper equipment, such as pressure-relieving mattresses or cushions
• Poor communication between nursing staff, carers, doctors and families
• Lack of documentation or falsified records of turning schedules or wound care

In some cases, a sore is noticed but not treated properly. Dressings may not be applied, antibiotics may be delayed, or referrals to tissue viability nurses may be overlooked. Over time, this inaction can lead to deep infections, avoidable surgery or even death.

At Crimmins Howard Solicitors, we often see cases where a single failure snowballs into a serious injury. When those in charge fail to act on time, patients pay the price. If you have concerns about how or why a pressure sore developed, we can help you find out what really happened.

If someone in your care or in a nursing facility begins to show any of the following signs, it may indicate that basic standards are not being met:

• Skin changes such as redness, blistering or open wounds, especially on the back, heels, elbows or hips
• Unexplained deterioration in health, particularly sudden fatigue, disorientation or signs of infection
• Complaints of pain when seated or lying down for extended periods
• Bed sheets, clothing or incontinence pads not changed regularly
• Strong odours, particularly of urine or untreated wounds
• Visible neglect of hygiene, including unwashed hair, dirty fingernails or soiled bedding
• A pattern of being left alone for long stretches with no repositioning support

You may also notice issues with staff behaviour or how the facility is run:

• Long delays in answering call bells or requests
• Dismissive responses when questions are asked about care routines or injuries
• Lack of clear records around wound care, turning schedules or pressure ulcer risk assessments
• Staff rotation with no consistent responsibility for vulnerable residents
• Avoidance of family involvement, or reluctance to discuss medical notes

Neglect is not always obvious. It often builds slowly in places where corners are cut and people stop paying attention. But if you feel something is not right, you are probably correct to ask questions. Families are often the first to notice small changes that signal a decline in care.

If someone you love has developed a pressure sore and you believe it could have been avoided, keeping records and raising concerns early is important. Take photos (if appropriate), ask for copies of notes, and keep track of what you’re told.

At Crimmins Howard Solicitors, we can help assess whether what you witnessed amounts to a legal claim, and support you in taking the next steps forward.

Any hospital, nursing home or care agency providing treatment or supervision has a legal duty to protect the person in their care from preventable harm. This duty extends to all staff involved in medical or day-to-day care.

A breach occurs when the care provided falls below acceptable medical or professional standards. In pressure sore cases, examples might include:

• Failure to turn or reposition the patient at safe intervals
• No pressure ulcer risk assessment on admission
• Delayed treatment of emerging wounds
• Ignoring warning signs or failing to escalate concerns
• Withdrawing support equipment like pressure-relieving mattresses without reason

There must be a link between the breach and the injury. It must be shown that the pressure sore could likely have been prevented, or at least less severe, if the correct steps had been taken. Independent medical evidence is usually required to confirm this.

The individual must have suffered actual harm. In pressure sore cases, this may include:

• Physical pain and suffering
• Infection or sepsis
• Permanent scarring
• Reduced mobility
• Hospital admission or surgery
• Emotional or psychological trauma
• In fatal cases, death linked to infected or untreated wounds

Each case turns on its facts. Some sores progress over weeks due to chronic inattention, while others develop quickly because no prevention plan was in place at all. The law does not require perfection from carers, but it does require diligence, attentiveness and reasonable care.

At Crimmins Howard Solicitors, we can examine medical records, nursing logs, and expert opinion to assess whether the injuries were avoidable. If they were, we can help you take action.

• The injured person: If you developed pressure sores due to poor care, you can bring a claim in your own name. This applies whether you were in a nursing home, hospital, or under home-based professional care.
• Family acting on behalf of a loved one: If the person affected is a child, or lacks mental capacity due to illness or disability, a parent or legal representative can bring the case on their behalf. This is common in elderly care cases or where a person cannot instruct a solicitor directly.
• Family following a death: If someone has died as a result of infected pressure wounds or complications linked to poor care, certain close relatives can bring a fatal injury claim. This includes spouses, children, and sometimes siblings or carers, depending on the circumstances.

We will advise on eligibility and guide you through the steps to ensure the right person brings the claim properly and within time limits.

Every case is different, but claims can cover a mix of financial and non-financial losses:

• Pain and suffering from the wounds themselves and any resulting complications
• Medical expenses, including private care, wound treatment or hospital admission
• Ongoing care costs if the person now needs more support at home or in a facility
• Psychological harm, such as trauma, depression or loss of dignity
• Loss of quality of life, including reduced mobility or permanent scarring
• Funeral costs and loss of financial support in fatal cases
• Loss of companionship or guidance, where a parent, spouse or close family member has died

We work with medical experts and financial professionals to calculate your full entitlement fairly and comprehensively. No two injuries are the same, and the law allows for that.

If you believe your family has been left to bear the burden of an avoidable injury, contact Crimmins Howard Solicitors.

We begin with a confidential meeting, either in person, by phone, or virtually, where we listen to your account and ask some initial questions. This helps us understand what happened and whether it may meet the threshold for legal action.

With your consent, we request medical records, nursing notes and care documentation. These materials are essential to understanding the timeline, what was (or was not) done, and whether there was a clear departure from care standards.

We engage an independent medical expert to examine the case. This expert reviews the records and advises on whether the pressure sores were likely preventable, and if earlier intervention would have made a difference. Their report is vital to any claim.

If the expert supports the case, we draft a formal letter outlining the incident, the harm caused, and the legal basis for compensation. This is sent to the responsible party, whether that is a hospital, care home, or other provider.

Most cases settle without going to court. Where possible, we negotiate a fair outcome through correspondence and mediation. If the case does go to court, we will prepare everything and advocate on your behalf every step of the way.

Throughout the process, we keep you informed, answer your questions and handle the legal detail so you can focus on your own wellbeing or on caring for your family member.

Claims like these can take time, but our role is to make the journey smoother. We are here to listen, explain and act.

You have two years from the date you first became aware (or should reasonably have become aware) that neglect caused the injury. This is called the “date of knowledge.” In many cases, it does not begin when the injury first appears, but rather when the full consequences become clear.

• Children: The clock does not start until the child turns 18. They have until their 20th birthday to bring a claim.
• Adults lacking capacity: If the person injured is not capable of managing their own legal affairs, time limits may be paused until capacity is regained, or extended indefinitely in some cases.

It is always safest to seek legal advice early. Evidence may be lost or altered over time, and acting promptly can protect your rights. If you’re unsure whether you’re still within the deadline, we can assess that for you right away.