In this guide, we explain when you could be eligible to make a medical compensation claim if you suffered unnecessary harm as a result of phototherapy negligence. We set out the criteria that must be met in addition to noting the time limitations when making a claim of this nature.
Phototherapy negligence claims guide
As well as this, we highlight instances in which phototherapy negligence can occur and how you could sustain harm from this. Moreover, we outline the evidence that can help to prove liability and illustrate the compensation you could receive. We finish our guide by detailing the conditions that apply to a No Win No Fee agreement.
For guidance on making a claim for the harm you sustained due to phototherapy negligence, please keep reading. You can also discuss your claim in more detail with an advisor by using the contact methods below:
- Reach us on 0800 652 3087
- Claim online through our form
- Speak with an advisor live through our discussion window
Select A Section
- Could I Make A Phototherapy Negligence Claim
- What Is Phototherapy And How Can It Go Wrong?
- Proving A Medical Professional Acted Negligently
- Estimating Phototherapy Negligence Claim Payouts
- Get Help Claiming For Negligent Phototherapy Treatment
- Learn More About Claiming For Negligent Medical Treatment
Could I Make A Phototherapy Negligence Claim
Before making a claim, it will be useful to understand what counts as medical negligence. If you suffer unnecessary harm after the negligent actions of a medical professional, you could be eligible to claim compensation.
Medical professionals are required to deliver a standard of care to their patients that does not fall below a minimum required level.
In order to make a claim for the harm caused by phototherapy negligence, you will need to show that:
- You were owed a duty of care by a medical professional.
- They failed to deliver the correct standard of care, meaning that they breached the duty they owed to you.
- This breach meant that you suffered harm that would have otherwise been avoided.
If your circumstances meet the eligibility requirements, you could have grounds to make a medical negligence claim.
In some cases, harm cannot be avoided in the course of medical treatment. For example, the likes of skin redness, burns, and blisters are common risks of phototherapy. If the duty of care you were owed was not breached you’d be unable to claim, even if you were caused harm.
Phototherapy Negligence Claim Time Limits
The Limitation Act 1980 sets out the medical negligence time limit. Generally, you will have three years from the date of the negligence or from the date of knowledge to begin the proceedings of your claim.
If a person was under eighteen at the time of the negligence or if they lacked the mental capacity to make a claim, the time limit will be suspended.
The time limit would resume on the person’s eighteenth birthday or in the event they become mentally capable of starting a claim. They will have three years from becoming legally able to pursue compensation in which to start a claim.
However, they can only do this if a claim has not already been made on their behalf by a litigation friend. To find out more about time limits and the roles of litigation friends, speak with a member of our team today.
What Is Phototherapy And How Can It Go Wrong?
Phototherapy can be used to treat skin conditions. It exposes the skin to light, which encourages the production of vitamin D, to treat the likes of psoriasis, eczema, vitiligo, and newborn jaundice.
The treatment can reduce inflammation in the skin and can prevent a flare of symptoms typical for some skin conditions, minimising any itchiness.
Phototherapy can cause harm in a number of ways:
- Your baby undergoes phototherapy for newborn jaundice. However, their temperature is not monitored and as a result, they overheat. This causes dehydration which can be dangerous in babies.
- The medical professional treating you does not take notice of your current prescription information, meaning they are unaware that you are on medication which increases your sensitivity to light. Your skin could burn or blister more than expected as a result of this negligence, causing scarring.
- You have had skin cancer in the past, but your doctor fails to take this into account when recommending phototherapy. Phototherapy can increase the risk of your skin cancer returning.
For more information on claiming for medical negligence, please speak to our team for further guidance.
Proving A Medical Professional Acted Negligently
Having proof of medical negligence will be useful to your claim. This can include:
- Copies of medical records.
- Hospital or doctor reports.
- Prescriptions.
- A diary of symptoms.
- Treatment plan.
- Statement of diagnosis.
In addition to this, the Bolam test may be applicable to your circumstances. This test consists of other medical professionals who are trained in a relevant field being asked to assess the care that was delivered by the medical professional responsible for treating you.
If the panel come to an agreement that the standard of care you received was not sufficient, this could support your phototherapy negligence claim.
A solicitor from our panel could help you to gather this evidence to claim compensation for medical negligence. If you would like to know more, please speak with our team.
Estimating Phototherapy Negligence Claim Payouts
After suffering unnecessary harm from phototherapy negligence, you could be entitled to compensation. For example, you may sustain an eye injury if you were receiving this treatment on your face- if this was caused by negligence, then you could be owed compensation.
You could receive up to two heads of claim, the first being general damages. This will aim to compensate you for the pain and suffering you have endured as a result of the phototherapy negligence.
When assessing the harm you have experienced, solicitors may turn to the Judicial College Guidelines for assistance.
The brackets provided in these guidelines can be useful when determining your compensation. The figures are displayed within the table in this section, however, they are for guidance purposes only. The specific circumstances of your claim will impact how much you receive.
Compensation Guidelines
| Injury | Severity | Details | Compensation Guidelines |
|---|---|---|---|
| Scarring to Other Parts of the Body | Burns | The percentage of the area affected, the cosmetic impact, and the need for surgery will be reflected upon. Remaining physical disability will be considered. | Up to £104,830 |
| Facial Scarring | Very Severe | A severe psychological reaction in a young claimant. | £29,780 to £97,330 |
| Facial Scarring | Less Severe | Substantial disfigurement and severe psychological reaction. | £17,960 to £48,420 |
| Facial Scarring | Significant | Some cosmetic disability and psychological reaction that is not great or that is diminished. | £9,110 to £30,090 |
| Skin Conditions | Rashes on One or Both Hands (c) | Irritated and itchy rashes on one or both hands that ease within a few months once treated. | £1,710 to £3,950 |
How Else May I Be Compensated?
Another head of claim, referred to as special damages, could be awarded in a successful claim. This head intends to reimburse you for the financial effects you have experienced due to phototherapy negligence.
This can cover expenses caused by your injuries, such as:
- Loss of earnings due to the inability to return to work temporarily or permanently.
- The price of professional care.
- The cost of travelling to relevant hospital appointments.
Payslips, invoices, and bank statements can illustrate these expenditures. Furthermore, working with a lawyer can ensure that all aspects of your claim are covered, which is important as you can’t go back and claim again if something is missed.
Get Help Claiming For Negligent Phototherapy Treatment
When you are making a claim after suffering harm from phototherapy negligence, you may benefit from the services of a No Win No Fee solicitor, who could work under a Conditional Fee Agreement. This means that your payment to your solicitor will generally be dependent on the outcome of your claim.
If your claim is unsuccessful, there will usually be no expectation for you to pay for the services that your solicitor has provided.
Alternatively, if your claim is successful, your solicitor can take a success fee. This is a percentage of your compensation which they are legally permitted to deduct if your claim is a success. The Conditional Fee Agreements Order 2013 legally restricts the portion of your settlement that they can take.
To learn more about making a No Win No Fee claim for phototherapy negligence, please speak to our advisors.
Contact Us
To receive further advice regarding your eligibility to make a claim for the harm you suffered from phototherapy negligence, please get in touch with our team. They are available to provide a free evaluation of your circumstances.
To reach our advisors, please use one of the methods below:
- Telephone us on 0800 652 3087
- Contact us through the online form
- Chat with a team member through our live feature below
Learn More About Claiming For Negligent Medical Treatment
Thank you for reading our guide on when you could make a claim for phototherapy negligence.
More of our guides:
- How Much Could My Medical Negligence Claim Be Worth?
- Hospital Negligence Claims Explained
- Negligent Doctors – How To Claim Compensation
External resources:
- Contact Dermatitis – NHS
- Atopic Eczema – NHS
- Ethical Hub – The General Medical Council
Guide by Emily
Edited by Fern