Pressure Sore Negligence Claims in Ireland: Hospital and Nursing Home Compensation Guide
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 • 3rd Floor, Ormond Building, 31–36 Ormond Quay Upper, Dublin D07 • 01 903 6408 •
This information is for educational purposes only and doesn't constitute legal advice. Every case is different and outcomes vary. In contentious business, a solicitor may not calculate fees or other charges as a specified percentage or proportion of any award or settlement. Consult a qualified solicitor for advice specific to your situation.
Pressure sore negligence claims in Ireland arise when a hospital or nursing home fails to prevent avoidable skin breakdown. Claims bypass the IRB under s.3(d) of the PIAB Act 2003, with a two-year time limit from the date of knowledge.
According to the HSE Clinical Resource Pack (June 2025) [2], the mean pressure ulcer prevalence in Irish acute and long-stay settings is 12.04%, and approximately 95% of these injuries are preventable with proper care under the HSE's aSSKINg care bundle (2024) [1]. The two-year clock runs from the date of knowledge under the Statute of Limitations (Amendment) Act 1991 [4].
Quick answer: If your relative developed a Category II+ pressure ulcer and the facility cannot produce documented risk assessments, turning charts, or nutritional screening, you likely have grounds for a negligence claim in Ireland.
Unlike in England and Wales: Irish claims use the Dunne test (not Bolam), run on a two-year limit (not three), and bypass the IRB entirely. UK-based legal websites that rank for Irish queries often misstate all three.
Contents
What counts as pressure sore negligence in Ireland?
Pressure sore negligence occurs when a healthcare provider fails to follow the HSE's mandated prevention protocols, and that failure directly causes or worsens a pressure ulcer. The legal test in Ireland is not Bolam (used in England and Wales) but the stricter Dunne v National Maternity Hospital [1989] IR 91 [6] standard, which asks whether a competent practitioner of equal status would have allowed the injury to develop.
Pressure ulcers (also called bedsores or decubitus ulcers) form when sustained pressure cuts off blood supply to the skin and underlying tissue. They're most common in patients who can't reposition themselves: post-surgical patients, ICU patients, those with spinal cord injuries, and elderly residents in nursing homes. According to RCSI research, 1 in 20 acute hospital patients in Ireland develops a pressure ulcer, and nearly two in three of those cases occur in patients aged 70 or older.
A detail that catches many families off guard: the hospital or nursing home does not need to have caused the sore deliberately. The claim rests on whether they followed the prevention steps the HSE requires. If they did not document a risk assessment, did not reposition the patient, or did not provide the right mattress, that's a breach of duty, and the burden shifts to them to explain why.
What should Irish hospitals do to prevent pressure sores?
The aSSKINg care bundle is the HSE's mandated clinical pathway for preventing and managing pressure ulcers across all HSE and HSE-funded healthcare settings in Ireland. The HSE's National Improvement Programme for Wound Management (NIPWM, 2025) [7], now in Phase 2 (2025 to 2027), actively rolls this protocol out through acute, residential, and community care settings.
When we assess a pressure sore claim, the first thing we look for is whether each aSSKINg element was documented in the patient's records. If any element is missing, that gap becomes evidence of breach. We call this the aSSKINg Evidence Audit, and it's the framework families can use to check their relative's care records before they even contact a solicitor.
| Element | What the HSE requires | What failure looks like |
|---|---|---|
| a – Assess risk | Validated risk assessment (Waterlow, PURPOSE-T, or Braden) on admission | No documented risk score in the admission notes |
| S – Skin inspection | Continuous documented visual checks, especially under medical devices and at bony prominences | No skin inspection charts in the medical records |
| S – Surface | Pressure-redistributing mattress or cushion for high-risk patients | High-risk patient left on a standard hospital mattress |
| K – Keep moving | Scheduled, documented repositioning tailored to the patient's risk level | No turning charts, or turning charts with gaps of 6+ hours |
| I – Incontinence | Proactive moisture management to prevent skin maceration | Patient left in soiled clothing for extended periods |
| N – Nutrition | MUST screening and dietitian referral for protein and hydration | No MUST score recorded, no dietitian involvement |
| g – Give information | Documented communication with patient, family, and care team about risks | Family never informed their relative was at risk |
The aSSKINg Evidence Audit works because it translates clinical protocol into a checklist any family member can follow. Request the medical records under the Data Protection Acts 2018. Look for each of these seven elements. If two or more are missing, the case for breach of duty strengthens considerably.
aSSKINg Evidence Audit: check your relative's records
Tick each element that was documented in the medical records. This tool is for general guidance only and does not constitute legal advice.
Check the boxes above to see your result.
The timing of the first element matters more than most guides acknowledge. The aSSKINg protocol requires a validated risk assessment on admission to a hospital or residential care setting. If the medical records contain no Waterlow or PURPOSE-T score documented at the point of admission, the breach began before any sore had even started to develop. In pressure sore claims, that missing admission assessment is often the single strongest piece of evidence.
PURPOSE-T vs Waterlow: Many Irish facilities still use the Waterlow score for risk assessment, but the HSE Clinical Resource Pack (June 2025) now also references PURPOSE-T (Pressure Ulcer Risk Primary or Secondary Evaluation Tool), which is the only tool with current evidence-based validation. If a facility used no validated tool at all, that's a clearer failure than choosing one tool over another.
The next step is to understand how the severity of the wound is classified, because the EPUAP category directly affects the value of your claim and the regulatory obligations the facility faces.
How are pressure ulcers graded in Ireland?
Irish hospitals classify pressure ulcers using the European Pressure Ulcer Advisory Panel (EPUAP) system, which runs from Category I (reddened skin) to Category IV (muscle, tendon, or bone exposed). The category determines both the severity of the injury and the range of compensation under the Personal Injuries Guidelines 2021 8.
| Category | What you'll see | Treatment typically needed | Legal significance |
|---|---|---|---|
| I | Non-blanchable redness on intact skin | Repositioning, pressure relief | Early warning sign. Failure to act at this stage is strong evidence of neglect. |
| II | Partial-thickness skin loss, blister, or open wound | Wound dressings, specialist review | HIQA NF39E notification required for nursing homes. 9 |
| III | Full-thickness skin loss, subcutaneous fat visible | Surgical debridement, VAC therapy | Classified as a "serious reportable event" under HSE incident management (2022) [10]. |
| IV | Bone, muscle, or tendon exposed with extensive necrosis | Major surgery, reconstructive procedures, prolonged hospitalisation | Catastrophic injury. Often involves High Court proceedings and substantial special damages. |
According to an Irish prevalence study by Moore and Cowman (RCSI, 2012), pressure ulcers in long-term care settings are located overwhelmingly on the sacrum (58%) and the heel (25%), with the remaining injuries spread across the elbows, hips, back of the head, and ankles. If your relative's sore is on the sacrum or heel, you're looking at the two sites where clinical protocols are most established and where a failure to reposition or provide a pressure-relieving mattress is hardest to defend.
One aspect the official grading doesn't capture: infection risk escalates sharply at Category III and IV. Untreated pressure ulcers at these stages can lead to osteomyelitis (bone infection), cellulitis, or complications including fatal sepsis. The compensation claim then covers both the original wound and the downstream infection, which can push damages significantly higher.
A growing concern in Irish clinical negligence: medical device-related pressure ulcers (MDRPUs). Oxygen masks, cervical collars, splints, and catheters can all cause localised pressure injuries that develop differently from weight-bearing ulcers. The HSE published a Patient Safety Supplement on MDRPUs in June 2024, recognising that device-related injuries require distinct prevention protocols. If your relative developed a pressure ulcer beneath a medical device, the aSSKINg bundle's "Skin" element specifically requires documented checks under and around devices.
How does the Dunne test apply to pressure sore claims?
The Dunne test asks whether no medical practitioner, nurse, or healthcare assistant of equal status and skill would have allowed the pressure ulcer to develop if they were exercising ordinary, reasonable care. Unlike the Bolam test used in England and Wales, the Irish courts retain the right to decide what constitutes reasonable care, rather than deferring entirely to medical opinion. The Supreme Court confirmed this approach in Morrissey v HSE [2020] IESC 6 11.
Pressure sore claims are particularly strong under the Dunne framework for one reason: the aSSKINg bundle makes the standard of care explicit. If a facility cannot produce documented Waterlow or PURPOSE-T scores, turning charts, and MUST screening results, a court doesn't need to debate what "reasonable care" looks like. The HSE has already defined it in writing. The expert medical report (typically from a tissue viability specialist) then confirms that following the aSSKINg protocol would, on the balance of probabilities, have prevented the ulcer from progressing beyond Category I.
The difference between the Dunne standard and the English Bolam test matters here. Under Bolam, a doctor can defend their actions by showing that a responsible body of medical opinion would have done the same thing. Under Dunne, the Irish court can reject that defence if it considers the practice unreasonable. For a preventable pressure ulcer where the HSE's own protocols were ignored, the Dunne test gives claimants a stronger footing. At this point, you'll need to establish who the correct defendant is, because the claim route differs depending on whether the sore developed in a public hospital or a private nursing home.
Key Irish cases for pressure sore claims
Dunne v National Maternity Hospital [1989] IR 91
Holding: The Supreme Court held that a medical professional is not negligent if their actions align with what a competent colleague of equal status would have done. The court retains the right to assess whether the accepted practice itself is reasonable.
Why it matters: In pressure sore claims, this means a facility cannot simply argue "we did what others do" if the court finds that practice falls below HSE standards.
6
Morrissey v HSE [2020] IESC 6
Holding: The Supreme Court reaffirmed the Dunne principles and confirmed the court's independent role in assessing whether clinical practice meets the standard of care, rather than accepting medical consensus uncritically.
Why it matters: For pressure sore claims, Morrissey reinforces that where clear HSE protocols exist (such as the aSSKINg bundle), the court will measure care against those protocols, not against whatever the facility claims was "normal practice."
11
Who do you sue for pressure sores in Ireland?
In Ireland, if the pressure sore developed in a public HSE hospital or a state-funded residential facility, the State Claims Agency (SCA, 2024) [12] manages the defence. You don't sue the individual nurse or doctor. The HSE is the legal defendant, and the SCA takes over claim management under the Clinical Indemnity Scheme.
According to the State Claims Agency Annual Report (2024) [13], the agency managed 10,968 active claims at end-2024 and paid €210.5 million in clinical care damages. Of claims concluded, 56% were resolved without court proceedings being issued, and 43% of clinical claims involved mediation, up from 34% in 2022. Only about 2% reached a court judgment. The SCA's estimated outstanding liability for all clinical claims stood at €5.35 billion.
If the sore developed in a private nursing home, the claim goes against the nursing home's own insurer. Private facilities are regulated under the Health Act 2007 [14] and must meet HIQA's National Quality Standards. A 2024 expansion of HIQA's powers under the Health (Miscellaneous Provisions) (No. 2) Act 2024 now allows HIQA to issue compliance notices directly, and failure to comply can constitute a criminal offence.
The SCA strongly favours mediation for complex clinical claims. Families fearful of a protracted trial should know that fewer than 1 in 50 SCA claims end in a contested court hearing. Mediation typically happens after expert reports are exchanged and before a trial date is set.
Using HIQA inspection reports as evidence
HIQA publishes inspection reports for every registered nursing home in Ireland, and these reports can serve as prima facie evidence of systemic care failures. Under the HIQA Monitoring Notifications Handbook (October 2024) [9], nursing homes must notify the Chief Inspector of every pressure ulcer at Category II and higher through the NF39E quarterly return. Deaths related to pressure ulcers are reportable to the Coroner.
One detail that surprises clients: HIQA inspection reports are publicly available on HIQA inspection reports page (2025) [15]. If your relative's facility has recent findings of non-compliance in areas like "healthcare oversight," "staffing ratios," or "wound management," those findings support your claim. In June 2025, HIQA published 47 inspection reports on nursing homes, with 25 facilities found non-compliant. Several reports specifically cited failures to update pressure ulcer care plans and missed repositioning schedules.
The aSSKINg Evidence Audit and HIQA's public records work together. The aSSKINg Audit tells you what should be in your relative's individual records. The HIQA report tells you whether the facility had systemic problems that made individual failures predictable. A solicitor can use both to build a claim that demonstrates the sore wasn't a one-off accident but part of a pattern of substandard care.
One further angle families rarely know about: when a pressure ulcer reaches Category III or IV and is classified as a serious reportable event, the facility has an obligation under the Patient Safety Act 2023 (commenced 26 September 2024) to make an open disclosure to the patient or their family. If you were never told your relative developed a serious pressure ulcer while in care, the facility may have breached its open disclosure obligation on top of the clinical negligence itself.
Which route applies to you?
Answer each question to see which claim pathway applies. This is general guidance only, not legal advice.
Where did the pressure sore develop?
Compensation: what the Personal Injuries Guidelines cover
Compensation for pressure sore negligence in Ireland follows the Personal Injuries Guidelines (2021) 8, formerly the Book of Quantum. Awards are case-specific, but they split into two categories: general damages (pain, suffering, and loss of amenity) and special damages (quantifiable financial losses).
General damages depend on the severity of the ulcer, the duration of suffering, recovery prospects, and any permanent scarring or disfigurement. Category IV ulcers with complications often fall into the higher brackets for soft tissue and scarring injuries in the Guidelines. Special damages cover past and future medical costs, including wound care, VAC therapy, surgical debridement, specialist mattresses, and ongoing nursing care.
According to RCSI research published in the Journal of Wound Care (2005) [5], treating a single patient with three Grade IV pressure ulcers over five months cost €119,000 in Ireland. A more recent 2021 RCSI feasibility study found the average cost per patient with Stage 2 to 4 pressure ulcer care in an acute setting was €878, though that figure reflects routine wound management rather than the surgical, reconstructive, and long-stay costs that Grade IV injuries generate. The HSE estimates the total annual cost of managing pressure ulcers across all Irish care settings at €250 million. These treatment costs form the basis of special damages calculations, and they do not include loss of earnings, home adaptations, or future care needs.
The timing matters more than most guides suggest: a quick settlement might not account for future surgical interventions, ongoing wound management, or the psychological impact of severe scarring. Solicitors handling these claims typically wait until the claimant's prognosis stabilises before finalising the valuation.
One element families often overlook: severe pressure ulcers cause genuine psychological harm that forms a separate head of damage. Loss of dignity, depression, anxiety, and in some cases clinically diagnosed PTSD are common in patients who endured Category III or IV ulcers. The Personal Injuries Guidelines 2021 allow claims for psychological injury alongside physical injury, and this component can add materially to the overall award.
| Damage type | What it covers | How it is calculated |
|---|---|---|
| General damages | Pain, suffering, loss of amenity, scarring, psychological impact | Judicial Council Guidelines 2021 brackets, assessed by severity, duration, and prognosis |
| Special damages (past) | Medical bills, wound care, hospital stays, travel costs, lost earnings to date | Vouched receipts and payslips |
| Special damages (future) | Ongoing wound management, reconstructive surgery, care needs, home adaptations, future lost earnings | Actuarial reports and expert medical prognosis |
Compensation is only meaningful if the claim is brought in time, and the two-year deadline in Ireland is shorter than in England and starts running from a date that can be genuinely difficult to pin down.
What are the time limits for a pressure sore claim in Ireland?
Pressure sore negligence claims in Ireland must be brought within two years from the "date of knowledge" under the Statute of Limitations (Amendment) Act 1991, s.2 4. Unlike in England and Wales, where the limitation period is three years, the Irish window is shorter and the consequences of missing it are final.
The date-of-knowledge rule creates a specific complication for pressure sore claims. Most victims are in a state of extreme vulnerability when the sore develops. They may be unconscious in ICU, heavily sedated after surgery, or living with advanced dementia. The date of knowledge is not when the sore appeared. It's the date when the patient (or their representative) first knew, or ought reasonably to have known, that the injury was caused by substandard care rather than being an inevitable complication of their underlying condition.
Families are often told the pressure ulcer was "unavoidable given the patient's condition." If a family member only later discovers (through a HIQA complaint, a second medical opinion, or a conversation with another healthcare professional) that the facility failed to follow the aSSKINg bundle, the two-year clock may start from that later date. Getting legal advice early protects the claim. Your solicitor can file protective proceedings (a summons) to stop the clock even before the expert medical report is finalised.
Can you claim for an elderly parent or a deceased relative?
Families in Ireland can bring a pressure sore claim on behalf of a patient who lacks mental capacity, and the estate can claim if the patient has died. Under the Assisted Decision-Making (Capacity) Act 2015 [16], a formally appointed Decision-Making Representative can instruct a solicitor and manage the proceedings. The old ward-of-court system was replaced when the Act commenced in 2023.
If the patient died from complications of the pressure ulcer (infection, sepsis, organ failure), the estate can bring a claim under the Civil Liability Act 1961, and dependants can claim for loss of dependency and mental distress. The solatium payment (capped at €35,000 total, shared among all dependants) and the two-year time limit from the date of death both apply.
Between legal capacity assessments and medical evidence, claims brought on behalf of elderly parents are more complex than first-party claims. They take longer, need more documentation, and often involve engagement with the HSE's adult safeguarding process. Under HIQA's National Standards for Adult Safeguarding (2019) [17], a severe avoidable pressure ulcer can trigger a mandatory safeguarding referral, classifying the injury as an indicator of institutional neglect rather than a purely clinical event.
Was the pressure sore avoidable or unavoidable?
The HSE's own data indicates that approximately 95% of pressure ulcers in Irish care settings are preventable with proper care protocols. The aSSKINg Evidence Audit directly addresses the question of avoidability: if the seven elements were documented and followed, and the ulcer still developed, the facility has a defence. If they weren't, the presumption shifts toward avoidable neglect. The HSE's Pressure Ulcers to Zero (PUTZ) collaborative demonstrated this in practice: participating teams achieved up to a 73% reduction in pressure ulcers by implementing the aSSKINg bundle consistently. 7
The gap between protocol and practice in Irish care settings is stark. An RCSI prevalence study of 1,100 elderly residents across 12 long-term care settings found that although 53% were completely immobile or had very limited mobility, only 9% had a repositioning regime planned for when in bed and just 5% had one planned for when seated. That single statistic captures the scale of the prevention failure that drives most pressure sore claims in Ireland.
Genuinely unavoidable pressure ulcers do exist in limited circumstances. End-of-life patients receiving comfort care may develop skin breakdown even with full prevention measures in place. Patients with severe peripheral vascular disease or advanced malnutrition on admission may be at such high risk that some tissue damage is clinically expected. The HSE's Practical Guide for Review (QPSIM 004, Rev. 2, October 2022) acknowledges this distinction and requires facilities to document why a sore was assessed as unavoidable.
The practical test is documentary. If the facility recorded a risk assessment on admission, implemented the aSSKINg bundle, documented repositioning schedules, and the sore still developed, the court will consider whether the care was reasonable given the patient's baseline condition. If the facility has no documentation at all, the argument that the sore was "unavoidable" is very difficult to sustain.
Three myths that delay families from claiming
Myth: "All pressure sores are unavoidable in frail patients."
Reality: The HSE and HIQA state that most Category II and higher ulcers are preventable with the aSSKINg bundle. Frailty increases risk, but risk is not the same as inevitability. The aSSKINg protocol exists precisely because high-risk patients need more prevention, not less.
Myth: "You must prove the sore was caused in hospital, not before admission."
Reality: Your claim does NOT require proof that the sore originated in the facility. If the facility failed to assess risk on admission (the "a" in aSSKINg) and failed to act on an existing sore, the breach is in the omission, not the origin. An expert report on the missed risk assessment is enough.
Myth: "Compensation is only for Grade IV sores."
Reality: The Personal Injuries Guidelines 2021 cover injuries at all severities. Category II sores with infection complications can attract meaningful general and special damages. The legal threshold is breach of duty, not wound depth.
What evidence should families collect for a pressure sore claim?
The strongest pressure sore claims in Ireland combine the patient's medical records with independent evidence gathered by the family before records can be amended or lost. The HSE's aSSKINg bundle 1 sets the standard, and each missing element in the records becomes evidence of breach. Families who suspect neglect should act quickly because medical records can be supplemented after the fact, and CCTV (where it exists in nursing homes) is typically overwritten within 30 days.
| Evidence type | Where to find it | Why it matters |
|---|---|---|
| Photographs of the wound | Take dated photos on your phone at every visit | Chronological photos show progression and timing |
| Admission skin assessment | Request from the facility under GDPR | Shows whether the facility assessed risk on arrival |
| Turning charts | Part of nursing records | Gaps prove prolonged unrelieved pressure |
| Waterlow or PURPOSE-T score | Part of the care plan | Missing score = failure to assess risk |
| MUST nutritional screening | Part of the care plan | Missing MUST = failure under aSSKINg "N" element |
| HIQA inspection report | hiqa.ie 15 | Shows systemic care failures at the facility |
| Incident reports | Request from the facility | Internal records of when the sore was first identified |
| Discharge or transfer letters | Hospital or GP records | Documents the patient's condition on leaving the facility |
How to photograph a pressure sore properly: Place a coin (a euro cent works well) next to the wound for scale. Use natural daylight rather than flash. Photograph the wound from directly above, not at an angle. Also photograph the mattress type, the call bell's distance from the bed, and any soiled bedding. Date-stamp every image or write the date on a piece of paper and include it in the frame. These photos create a chronological record that is independent of the facility's records and cannot be amended after the fact.
Request the full medical records early. Under the Data Protection Acts 2018, the facility must respond within one month. If you suspect the records are incomplete (particularly turning charts or skin inspection logs), note that in writing when you make the request. Your solicitor can later subpoena the originals if needed.
Common questions about pressure sore claims in Ireland
Families most frequently ask the following questions when they discover a relative has developed a pressure ulcer in hospital or residential care. Answers are based on Irish law, the HSE's aSSKINg protocol 1, and the Personal Injuries Guidelines 2021 8.
Do pressure sore claims go through the Injuries Resolution Board?
No. All clinical negligence claims in Ireland bypass the IRB (formerly PIAB) entirely under s.3(d) of the PIAB Act 2003. Your solicitor files proceedings directly in the courts. The IRB handled over 20,000 general personal injury claims in 2024, but victims of medical negligence are not part of that process.
Why it matters: Bypassing the IRB means your solicitor can file a summons to stop the limitation clock before the expert report is finalised.
Next step: Irish clinical negligence claim process
Can I claim for a Category II pressure sore, or only Grade III and IV?
You can claim for any category of pressure ulcer if it resulted from substandard care. Category II sores are painful, often involve open wounds or blisters, and the Personal Injuries Guidelines 2021 include brackets for soft tissue injuries at this severity. Category III and IV sores attract higher damages because the treatment is more invasive and outcomes are worse, but the threshold for a valid claim is breach of duty, not wound severity alone.
Why it matters: Some families are told only "severe" sores justify a claim. The legal test is whether the care fell below the required standard, not whether the wound reached a specific grade.
Next step: Medical negligence compensation in Ireland
What is the HIQA NF39E notification, and how does it help my claim?
The NF39E is a quarterly return that every registered nursing home must submit to HIQA, reporting all pressure ulcers at Category II and higher. If a facility failed to report your relative's ulcer, that's a separate regulatory breach that strengthens your negligence claim. You can request confirmation of whether the notification was filed through a HIQA complaint or through your solicitor's discovery process.
Next step: Nursing home negligence claims Ireland
How long does a pressure sore claim take in Ireland?
Most pressure sore claims take 18 to 36 months from first instruction to resolution. The main variables are the time needed to obtain full medical records (1 to 3 months), the availability of a tissue viability expert (2 to 6 months for the report), and whether the SCA or private insurer engages in mediation. The SCA's 2024 data shows 43% of clinical claims were resolved through mediation, which is typically faster than waiting for a trial date.
Starting early preserves evidence and gives your solicitor time to build the strongest case before the two-year limitation deadline.
What does it cost to bring a pressure sore claim?
Most medical negligence solicitors in Ireland work on a "no win, no fee" basis for qualified claims. The main upfront cost is the independent expert medical report, which typically ranges from €1,500 to €4,000 depending on the specialist. If the claim succeeds, legal costs are usually recoverable from the defendant. In contentious business, a solicitor may not calculate fees or other charges as a specified percentage or proportion of any award or settlement.
Next step: Medical negligence legal costs in Ireland
How is a pressure sore claim in Ireland different from England and Wales?
Three critical differences. First, the legal standard: Ireland uses the Dunne test, not Bolam. The Irish court retains more power to decide what constitutes reasonable care. Second, the time limit: two years in Ireland, three years in England. Third, the process: Irish clinical negligence claims bypass the IRB entirely, while English claims go through the NHS Complaints Procedure and pre-action protocol. Irish claims are also defended by the State Claims Agency (for public facilities) rather than NHS Resolution.
UK-based legal websites that rank in Irish search results often misstate the time limit, the legal test, and the procedural route. Following English guidance for an Irish claim could cost you your case.
Do I need an expert medical report for a pressure sore claim?
Yes. An independent expert report is essential for any clinical negligence claim in Ireland, including pressure sore cases. The expert (typically a tissue viability nurse specialist or consultant in elderly care) reviews the patient's medical records, assesses whether the aSSKINg bundle was followed, and gives an opinion on whether the sore would have been prevented or limited with proper care. Without this report, you cannot establish causation under the Dunne test.
The timing matters more than most guides suggest: expert reports for pressure sore claims typically take 2 to 6 months because tissue viability specialists in Ireland are in high demand. Starting early protects your claim against the two-year limitation deadline.
The expert report is the single most important document in your claim. It connects the clinical failures to the injury and quantifies the harm.
Next step: How expert medical reports work in Irish negligence claims
Related internal guides: hospital negligence claims • nursing home negligence claims • expert medical reports • discharged too early • types of injuries from medical negligence
References
- HSE aSSKINg Care Bundle Infographic (NIPWM, HSE)
- HSE Clinical Resource Pack: Pressure Ulcers (June 2025)
- Personal Injuries Assessment Board Act 2003, s.3(d)
- Statute of Limitations (Amendment) Act 1991
- Gethin et al., Estimating costs of pressure area management, Journal of Wound Care 2005
- Dunne v National Maternity Hospital [1989] IR 91 (Supreme Court of Ireland)
- HSE National Improvement Programme for Wound Management (NIPWM)
- Judicial Council Personal Injuries Guidelines 2021
- HIQA Monitoring Notifications Handbook (October 2024)
- HSE QPSIM 004: Pressure Ulcers, A Practical Guide for Review (Rev. 2, October 2022)
- Morrissey v HSE [2020] IESC 6 (Supreme Court of Ireland)
- State Claims Agency, Clinical Indemnity Scheme
- NTMA/SCA Annual Report 2024
- Health Act 2007
- HIQA Inspection Reports
- Assisted Decision-Making (Capacity) Act 2015
- HIQA National Standards for Adult Safeguarding (2019)
Gary Matthews Solicitors
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