Ophthalmic surgeons help thousands of patients a year by performing successful eye surgery procedures. However, mistakes made in eye surgery can have terrible consequences that can lead to partial or complete vision loss or eye injuries. Importantly, if you or a loved one has suffered following negligent eye surgery, you may be eligible to make an eye surgery negligence claim for compensation.
We are happy to offer a free initial consultation if you have any questions about making an eye surgery claim. A specialist will explain your legal options after reviewing your case and could partner you with a medical negligence solicitor on our team. If your claim proceeds, your solicitor will act on a No Win No Fee basis. That means they’ll work on your eye surgery compensation claim without being paid upfront.
Feel free to call 0800 6524 881 to discuss an eye surgery negligence claim right away or read on for more information before contacting us.
Table of contents
- Am I Eligible To Make an Eye Surgery Negligence Claim?
- Common Forms Of Eye Surgery
- Types Of Negligence That Could Lead To Eye Surgery Claims
- How Much Compensation For Eye Surgery Negligence Claims?
- Evidence To Support Eye Surgery Negligence Claims
- Time Limits For Claiming Eye Surgery Compensation
- Starting The Eye Surgery Negligence Claims Process
Generally, to be eligible to make an eye surgery claim for negligence, you’ll need to prove the following occurred:
- Medical negligence. This is where the medical professional provided a level of treatment below what you may reasonably expect of a qualified specialist.
- Causation. Their negligence directly caused or significantly contributed to your injury.
It is important to point out that both of the above criteria must be met if you’re to receive any compensation for negligent eye surgery.
Even though your solicitor may have years of experience in eye surgery claims, they won’t have the medical training to decide whether your surgeon acted negligently. Therefore, they’ll use a third-party specialist to examine the treatment you received.
If the specialist believes that they’d have acted differently in the same situation, your solicitor may decide to move forwards with your claim to try and secure compensation on your behalf.
You could still be eligible to claim compensation if you were asked to sign a consent form or waiver before your eye surgery. These documents are simply records that show that a) you were happy for the treatment to go ahead and b) you knew about any risks.
However, they cannot prevent legal action from being taken if you were injured because of negligent eye surgery. If you’ve still got a copy of your consent form, please have it to hand when you call our advice centre.
There are several procedures that could lead to eye surgery negligence claims if mistakes are made. The most common include:
- Laser eye surgery to improve vision.
- Surgery to repair retinal detachment to try and prevent loss of vision.
- Cataracts procedures where an artificial lens replaces a cloudy cataract.
- Glaucoma surgery to reduce the pressure on optic nerves caused by excess fluid build-up.
- Diabetes-related eye surgery if blood vessels in the eyes have been damaged.
Importantly, while some of these procedures are carried out by private ophthalmic surgeons, others are offered on the NHS for medical reasons. In either case, if the surgeon makes a mistake before, during or after surgery, you may be eligible to seek compensation for any suffering caused.
In this section, we’ve listed some examples of medical negligence during eye surgery that could lead to a claim. They include:
- If the wrong procedures or equipment were used during eye surgery.
- Where the ophthalmologist failed to provide adequate information about the risks involved in the surgery.
- Where alternatives to surgery were not considered or explained to you.
- If your medical history was not checked before your eye surgery took place.
- If poor aftercare procedures or advice led to unnecessary complications.
If you believe that your eyesight has worsened or you’ve suffered an eye injury because of a mistake during eye surgery, please call our advisors to find out if might be eligible to claim compensation.
You could claim compensation for any type of suffering linked to negligent ophthalmic surgery including:
- Complete loss of vision (blindness) in one or both eyes.
- Partial vision loss in one or both eyes.
- Reduced vision i.e. the surgery made your eyesight worse.
- Excessive bleeding, bruising or scarring.
- Double vision or ghosting.
- Medical misdiagnosis i.e. unnecessary treatment was performed or required treatment was delayed.
If you or a loved one has suffered any form of physical or psychological injury from medical negligence during eye surgery, please let us know. We’ll review your case with you for free and help you decide whether to seek compensation for your suffering.
The level of compensation for general damages awarded in eye surgery claims will vary depending on the severity of your injuries. For example, somebody who’s suffered complete sight loss in one eye would typically be awarded a higher amount than somebody who had temporary vision loss.
Therefore, your solicitor will arrange for you to visit an independent medical specialist to assess your injuries. They’ll then write a report about how you’ve suffered and what your future prognosis is likely to be. This is important because your settlement should be based on both your current and future suffering.
Further compensation might be paid as well if you win an eye surgery negligence claim. This could include damages to cover:
- Adaptations to your house make it easier for you to navigate if you’ve got permanent vision problems.
- Lost income linked to your eye injuries (including future losses).
- Additional travel costs.
- The cost of private surgery to remedy your injuries where possible.
- Care costs (Family, friends or professional carers).
- Emotional or psychological suffering.
- Loss of enjoyment of hobbies that the botched eye surgery has stopped.
Any financial losses linked to your eye surgery are known as special damages. It’s important that they are considered carefully as you’ll only be able to claim compensation once. If you work with a medical negligence solicitor from our team, they’ll work hard to try and make sure that all current and future suffering is covered by any compensation you receive.
To ensure as best your solicitor can that you are properly compensated for the suffering you’ve endured from negligent eye surgery, your solicitor will want to present as much evidence as possible. This will aim to confirm the mistakes made by the eye surgeon and how you’ve been affected as a result.
The types of evidence that might be used include:
- Medical records. These are important because they can provide a chronological account of your treatment. This includes notes made by the surgeon and other NHS staff or medical professionals, test results, scans, prescriptions, and so on. They can show what was done (or not done) and when.
- Witness statements. If anybody saw or heard anything related to your eye surgery, their account can be valuable. This can include family members, friends, or other medical professionals.
- Photographs and visual evidence. This evidence may be useful if you have visible injuries. In the case of eye surgery, this could also include images taken during or after the surgery.
- Financial records. This could include wage slips as evidence of loss of earnings if you’ve had to take time off work due to eye surgery negligence, travelling costs for hospital visits or costs for additional medical treatment or care.
- Correspondence. Any correspondence regarding your surgery such as complaint responses about the standard of care you received may be used as evidence.
- A diary. This can help to demonstrate the extent of your suffering and how your life has been affected by the botched eye surgery. This might include when you’ve suffered pain and the extent, and how your ability to perform your job, chores, hobbies, or other everyday activities has been affected.
These and other forms of evidence should help your solicitor to build as strong a case as possible. If you’ve already got evidence that might support your eye surgery negligence claim, please tell us when you contact us for a free consultation.
The legal limitation period for medical negligence claims in the UK is 3 years. In claims related to negligent eye surgery, that time limit would start from the date of your surgery in most cases. However, it could start later if the problems caused by your surgery were not immediately obvious.
To give yourself the best possible chance of being compensated, we’d suggest contacting us as soon as you’re able to do so post-surgery. That way, evidence to support the claim should be easier to obtain and the events that led to your suffering will still be fresh in your mind.
Furthermore, starting a claim early can lead to the defendant paying for remedial private medical treatment to try and help you recover as quickly as possible. This might be possible as an interim payment before the claim is finalised if the defendant has taken responsibility for your injuries.
Claims on behalf of a child do not have an immediate limitation period as their time limit doesn’t begin until their 18th birthday.
If you’ve been injured following negligent eye surgery and would like to claim compensation, call us today on 0800 6524 881 to learn more about your options. One of our specialists will consider your case, answer your questions and offer free legal advice about the strength of your claim.
Eye surgery claims are dealt with on a No Win No Fee basis which means that, if your claim is taken on, your solicitor will only be paid if you are awarded compensation.
If you’d rather discuss eye surgery negligence claims online, you’re free to use our online chat service.