If your eyesight is not perfect, you might consider laser eye surgery an option rather than having to wear glasses or contact lenses. However, if you’ve sustained injuries during your treatment because your ophthalmic surgeon was negligent, or your optician was negligent, you may be eligible to make a laser eye surgery claim for compensation.
This guide to laser eye surgery claims is going to look at claiming compensation for botched laser eye surgery, what injuries you could claim for, and what level of compensation might be awarded.
We have a team of vastly experienced solicitors who have dealt with all sorts of medical negligence and personal injury claims. You could benefit from that experience if your case is taken on. Importantly, we’ll make the claims process less stressful by offering a No Win No Fee service if we represent you. That means you won’t have to pay any fees unless we are successful and you are compensated.
Once you have finished reading this article, please get in touch if you think we could help you make a claim.
Table of contents
- Am I Eligible To Claim Compensation For Laser Eye Surgery Negligence?
- What Are The Risks Associated With Laser Eye Surgery?
- What Types Of Negligence Could Result In A Laser Eye Surgery Claim?
- How Much Compensation For Laser Eye Surgery Negligence Could I Claim?
- Average Laser Eye Surgery Compensation Amounts
- Evidence To Support A Laser Eye Surgery Claim
- Time Limits For Claiming Laser Eye Surgery Compensation
- How Personal Injury Solicitors Can Help With Botched Laser Eye Surgery Claims
- Starting The Laser Eye Surgery Claims Process
When you make a medical negligence claim, unfortunately, you can’t just say something went wrong and you’d like to be compensated. You must first be able to show that the medical professional treated you negligently and, as a result, you have suffered in some way.
Later on in this guide, we’ll look at the types of negligence that could allow you to claim compensation. Regardless of what happened, you will need evidence to show what happened as explained in the following section.
Laser eye surgery, like any surgical procedure, comes with risks. While most people experience no significant problems after the procedure, there are several potential complications associated with laser eye surgery. Some of the risks of laser eye surgery include:
- Dry eyes. After the procedure, you may experience temporary or long-term dry eyes due to a reduction in tear production.
- Overcorrection or under-correction. The surgeon may remove too much or too little tissue during the procedure, resulting in overcorrection or under-correction of your vision.
- Astigmatism. The procedure may cause astigmatism, a condition where the cornea is misshapen, resulting in distorted or blurred vision.
- Halos or glare. Some people may experience halos or glare around lights at night, making it difficult to see while driving or in low light conditions.
- Infection. There is a small risk of infection after laser eye surgery, which can be serious if left untreated.
- Regression. In some cases, the effects of the procedure may gradually diminish over time, resulting in a need for further corrective treatment.
- Epithelial ingrowth. In rare cases, cells from the outer layer of the cornea may grow under the flap created during LASIK, leading to vision problems.
- Corneal Ectasia. A rare complication that results in a weakened cornea and a bulging of the cornea, leading to vision loss.
It’s important to discuss the risks and potential complications of laser eye surgery with your surgeon before deciding whether to undergo the procedure. If they’ve neglected to inform you of potential risks and you suffered an injury as a result, you may be eligible to claim compensation.
It is important to say that if an injury was unavoidable and the surgeon was not negligent, you will not be able to claim compensation. However, medical professionals do have a duty of care for their patient’s welfare. Therefore, if they breach that duty of care and that causes an injury, then a compensation claim might be possible. Some of the reasons you might be able to claim against an eye surgeon include:
- Avoidable surgical errors.
- Where the suitability of the procedure was not assessed properly before it was carried out.
- Where defective laser equipment was used.
- If you were given the wrong information about the potential risks associated with your treatment.
- If your injuries resulted from poor post-operative care.
As part of the claims process, you’ll need to prove the extent of the injuries you’ve sustained. Therefore, as well as referring to medical records, your solicitor may arrange a local medical assessment for you. This will be performed by an independent specialist who’ll report on the seriousness of your injuries and whether you’ll continue to suffer in the future.
Please call today if you would like us to review your case to see if it is suitable for our No Win No Fee service.
When you make a laser eye surgery compensation claim, there are many different aspects that must be considered when calculating how much compensation you could claim. Therefore, working out a settlement amount can be quite tricky for those not familiar with personal injury claims. We will provide some example compensation figures in the next section though. To clarify, the list below includes some of the things that could be claimed for:
- Any physical injuries such as blurred vision, soreness and any associated pain.
- Psychological injuries caused by the treatment such as distress, anxiety or depression.
- Expenses, costs or financial losses incurred because of your injuries such as the cost of non-NHS remedial treatment.
- Loss of earnings if your eye injuries meant you had to take time off work to recover.
- Any costs associated with adapting your home to help you deal with any long-term sight problems.
- Future lost income if your injuries have an adverse effect on your ability to continue working.
If you contact us for a free consultation, one of our specialists will review your case with you for free. They should then be able to explain in more detail what you could claim for. You are under no obligation to proceed to a claim if you call, and our legal advice is free. Therefore, please feel free to get in touch today to see if you might be entitled to compensation.
We should point out that every laser eye surgery claim is based on the severity of your injuries. Therefore, the amount offered to settle a case can vary drastically between claims. As a result, while we list a selection of laser eye surgery compensation amounts below, the figures should be treated as guidelines only at this point.
- Up to £268,720 compensation where there is total blindness in both eyes.
- £2,200 – £3,950 compensation for minor eye injuries with a complete recovery within weeks.
- £3,950 – £8,730 compensation for minor eye injuries that cause some initial pain and temporarily impact vision.
- £9,110 – £20,980 compensation for minor eye injuries with a permanent impact on vision, for example, some double vision, and sensitivity to bright lights.
- £23,680 – £39,340 compensation for serious eye injuries where in one eye there is some loss of vision.
- £49,720 – £54,830 compensation where there is loss of sight in one eye.
- £54,830 – £65,710 compensation where there is a total loss of one eye.
- £63,950 up to £179,770 compensation for loss of sight in one eye with some impaired vision in the other eye.
The figures that we have provided above are based on the Judicial College guidelines for general damages. This is the information that medical negligence solicitors and courts use when settling compensation claims.
When you call our advisors on 0800 6524 881, and if your laser eye surgery claim is taken on, your solicitor should be able to provide a more accurate estimate for you once all details are known. Do bear in mind that even if you make a successful compensation claim, it cannot be guaranteed you’ll receive the amounts listed above.
To help support a laser eye surgery compensation claim you’ll need to provide evidence. To help with this you should:
- Report your concerns to the company that performed your treatment.
- Visit your GP, a minor injuries unit, or A&E to have your injuries assessed.
- Write down what happened and what you were told prior to the laser eye surgery so you don’t forget all of the facts.
- Print out any documentation you’ve been sent about your treatment.
- Write down the names of anybody who was with you when booked your treatment or on the day you were treated.
By taking these steps, you could find that the laser eye surgery claims process is a lot easier as you’ll have some evidence to help substantiate your claim. For example, witnesses could be asked to give a statement to help corroborate what you were told about the risks associated with your surgery. Similarly, medical records could be requested to help prove how seriously you were injured.
If you’d like us to review what evidence you have already obtained, please call our team on 0800 6524 881 for a free case review today.
All personal injury and medical negligence compensation claims are bound by time limits set out in the Limitation Act 1980. In most cases, that means you will have 3-years to claim for your injuries from the date you sustained them. In rarer cases, the 3-year period will begin from the date your injuries are diagnosed and linked to your laser eye surgery.
Our advice is to start your laser eye surgery claim as early as you possibly can. By doing so, your solicitor will have plenty of time to collect and collate the evidence required to try and prove what happened. It will also mean that the events leading to your injuries should still be fresh in your mind.
When you’re ready to begin, please call our advice line for free. We’ll offer a telephone consultation to review the merits of your claim and give free advice on what you need to do to make your claim.
Hopefully, this guide has explained when and why you could claim compensation following negligent laser eye surgery. Our experience suggests that the best chance of receiving a fair amount of compensation comes from having expert legal representation.
If your claim is accepted by one of our solicitors, they’ll try to do everything for you. They will prepare your case, gather evidence, and arrange your medical assessment. They’ll also deal with the defendant’s insurers or legal team on your behalf. That means you won’t need to handle any complex medical or legal questions. As the claim progresses, you’ll have the opportunity to ask any questions that arise and you’ll benefit from regular updates.
Importantly, we will never settle a claim if we believe the amount of compensation on offer is unfair. If that happens, your solicitor will negotiate to try and achieve the highest amount of compensation possible.
Ready to start the laser eye surgery claims process today? If so, please give our team a call on 0800 6524 881.
When you call, an advisor will let you know if your case has a reasonable chance of success. If it does, we’ll connect you with a specialist solicitor who’ll make your laser eye surgery claim on a No Win No Fee basis.