HOW QUICKLY CAN YOU EXPECT TO GET COMPENSATION FOR A PRESSURE SORE OR BEDSORE INJURY?
A Bedsore or Pressure Sore Claim is a type of Personal Injury which is dealt with under a particular type of arrangement with the insurance company who will be dealing with the claim on behalf of the Nursing or Care Home or Hospital.
A normal personal injury claim is dealt with under what is known as the Personal Injury Pre action Protocol. This covers situations where there is a specific injury at work or in a road traffic accident.
However a claim for pressure sore compensation will normally involve a healthcare provider. This means it is covered by what is referred to as the Clinical Negligence Protocol.
What is the Difference Between the Protocols?
The biggest difference between them is that the Clinical Negligence Protocol allows a much longer time for the healthcare provider to give a decision as to whether they accept that they are to blame for the pressure sore.
This is because they will need to check all of the Claimant’s medical notes and the care offered within the notes to see if they agree that the bedsore should not have developed and could have been avoided if proper care had been provided.
This process can take up to six months before a decision is made.
Is there anything my Solicitor can do to speed up this process?
There are a number of ways that a specialist Solicitor who deals with these cases regularly can try and speed up the process to get the claim settled more quickly.
As a matter of course they will try to ensure that the fullest possible information is provided to the Defendant with any medical evidence in support. This is one way to try and speed up the process of decision making and not get caught up in the protocol timescales.
In addition the Solicitor can seek to agree with the Defendant that the matter is not one that should go into the full protocol timescales. This can be done by requesting that the Defendant makes an early admission on the basis of the facts that are available (in bedsore cases it is not acceptable under various hospital and care home guidelines for grade 3 and 4 bedsores to develop as it is indicative on the face of it of poor care treatment and supervision of the nursing staff).
It is the responsibility of the Solicitor to try and ensure that the case is resolved as quickly and efficiently as possible.
What you can Expect if you Bring a Claim for Pressure Sore Compensation with Us:
- We will use all our expertise and experience to try to resolve the case as quickly as possible
- We will seek to obtain maximum compensation for the injury suffered
- We will keep you fully informed at every stage
- We will meet you personally at home to discuss the claim at any stage if appropriate.