What Could You Claim For Phototherapy Negligence?

If you have been harmed by phototherapy negligence, you might be able to make a medical negligence claim for compensation. You would need to show that a breach of duty of care in this area caused you unnecessary or unavoidable harm.

Phototherapy Negligence

Phototherapy Negligence Claims Guide

We will begin the guide by looking at how compensation in these kinds of cases is valued. In addition, we will look at the definition of medical negligence and the impact that phototherapy negligence can have.

If you have any questions about the topics covered in this guide, please get in touch with one of our advisors. They are here 24 hours a day, 7 days a week, to handle your legal enquiries.

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What Could You Claim For Phototherapy Negligence?

If your medical negligence claim is successful, the compensation you receive could be made up of two different kinds of damages. These are called general and special damages. General damages compensate for the avoidable and unnecessary psychological and/or physical pain and suffering you experienced because of negligence.

Legal professionals, including medical negligence solicitors, can use the Judicial College Guidelines to help them how much compensation this head of claim is worth.

The guideline compensation brackets in the table below are from this document. However, they are not a guarantee and the value of your own claim could differ.

Injury Severity Guideline compensation bracket Notes
Brain Damage Very Severe £282,010 to £403,990 Little or no environmental response and language function. A requirement for care on a full-time basis.
Brain Damage Moderately Severe £219,070 to £282,010 Substantial dependence on others on the part of the injured person. They may be physically or cognitively disabled.
Deafness Total Deafness with Speech Loss £109,650 to £140,660 Where hearing loss has occurred at a young enough age that it impacts the development of speech.
Facial Scarring Very Severe £29,780 to £97,330 In a young claimant where there’s a very disfiguring cosmetic impact.
Facial Scarring Less Severe £17,960 to £48,420 Substantial disfigurement and a significant psychological reaction.
Facial Scarring Significant £9,110 to £30,090 Where scarring is visible at a conversational distance.
Facial Scarring Less Significant £3,950 to £13,740 Either one small scar or a number of very small scars that don’t affect the claimant markedly.
Facial Scarring Trivial £1,710 to £3,530 Where there is only a minor impact.
Scarring Superficial £2,370 to £7,830 Minor cosmetic impact of a single noticeable scar, or several superficial scars on the limbs or hands.
Burns More Serious Likely to exceed £104,830 Factors influencing the size of the award include the percentage of the body covered by burns and their thickness, as well as the cosmetic impact they have had.

What Further Damages Could You Claim?

Alongside general damages, you may also be entitled to claim special damages. This is compensation for any out-of-pocket costs you have incurred because of medical negligence.

For example, this could include a loss of earnings, the cost of medical care and the cost of travel to and from medical appointments.

Claiming for special damages requires evidence of these costs. You should aim to keep any documentation to prove your spending if you wish to receive this head of claim e.g. bus tickets and medical bills.

To find out how much money you could get for medical negligence, get in touch with one of our advisors. They could also answer other questions, such as how long a medical negligence claim could take.

Could I Claim For Negligent Phototherapy?

In order to make a successful claim for phototherapy negligence, you must be able to prove that:

  • The medical professional owed you a duty of care
  • That this duty of care was breached
  • That this breach in duty of care caused you to be avoidably or unnecessarily harmed

Harm is sometimes necessary or unavoidable when receiving medical care. For example, phototherapy might cause blistering if it’s used to treat psoriasis, but if the medical professional who prescribed and administrated the treatment adhered to the duty of care they owed you, then you’d be unable to claim.

To find out more about whether you could be eligible to begin a claim, contact an advisor today using the details above.

Clinical Negligence Claim Time Limits

Typically, if you wish to begin a medical negligence claim, you will have three years in which to start a claim. This could begin from the date of the incident or when medical negligence was connected with the harm you were caused.

Below are some examples of exceptions that could apply to this time limit:

  • Those under the age of 18. In these cases, the time limit is suspended until the claimant comes of age, at which point they would have three years to claim themselves.
  • Those without the mental capacity to pursue a claim. The time limit is also suspended in these cases and begins again in the event that the claimant regains the capacity to claim.

In both cases, a litigation friend could pursue a claim on their behalf while the time limit is suspended. This is a trusted adult who can act in the best interests of the party who sustained harm.

Causes Of Phototherapy Negligence

Phototherapy is a kind of medical treatment that involves light being used to treat certain conditions. It can be used to treat:

  • Jaundice in babies
  • Psoriasis
  • Polymorphic light eruption
  • Vitiligo

Medical professionals could perpetuate medical negligence by:

  • Failing to carry out phototherapy when it was needed. In the case of newborn jaundice, this could cause kernicterus which can result in cerebral palsy, brain damage and hearing loss.
  • Not carrying out the phototherapy procedure correctly, resulting in burns.
  • Failure to check medical records for conditions or medication that could increase light sensitivity.

If you would like to know whether your circumstances could entitle you to claim, speak with a member of our team today.

How To Prove Negligence By A Medical Professional

Collecting evidence to support your medical negligence claim is important. You can use it to show how you were affected by the negligence.

For example, you could provide:

  • Medical records
  • Contact details of any relevant witnesses so that they can be contacted for a statement
  • A diary of your symptoms

Our panel of medical negligence solicitors could help you collect this evidence if you are struggling. To find out if you could start a claim with one of our solicitors, contact an advisor today.

Why Claim For Phototherapy Negligence With A No Win No Fee Solicitor?

If you were injured or otherwise harmed by phototherapy negligence, our panel of medical negligence solicitors could offer you a kind of No Win No Fee agreement called a Conditional Fee Agreement.

Typically, under the terms of this agreement, you typically:

  • Will not have to pay your solicitor any upfront fees.
  • Are not obliged to pay your solicitor while your case is ongoing.
  • Do not have to pay your solicitor for their services if your case is unsuccessful.

If your case should succeed, you would need to pay your solicitor a small percentage of your compensation as a success fee. This success fee is capped under The Conditional Fee Agreements Order 2013 and is deducted before you receive it.

How To Get In Contact With Our Team

If you are wondering whether you could claim for phototherapy negligence, get in touch with one of our advisors. They can help you by answering any questions you have, as well as putting you in touch with our panel of solicitors if your claim is valid.

You can contact an advisor by:

Learn More About Medical Negligence Claims

We have compiled some useful links to help you further understand phototherapy negligence.

More of our fantastic personal injury guides:

Can I Claim For The Misdiagnosis Of A Fracture? 

Can I Sue My Doctor For Negligence?

Claiming For A Medication Calculation Error

Some external links:

Statutory Sick Pay 

Complain To The NHS 

NHS Constitution for England

If you have been the victim of phototherapy negligence and feel you might have a claim, contact one of our advisors today using the contact details above.

Article by RR

Publisher ET