If your eyesight is not perfect, you might consider laser eye surgery an option rather than having to wear glasses or contact lenses. It is a treatment that more and more people take up these days as costs have come down since it was introduced. For most people, the surgery is successful and after their recovery period, their eyesight is much better. However, where things go wrong.
The patient can end up with blurred or reduced vision, headaches, discomfort, and even blindness. If injuries are sustained during treatment because your ophthalmic surgeon was negligent, or your optician was negligent, you could begin 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.
When Can You Make A Laser Eye Injury Claim?
When you make a medical negligence claim, 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. Therefore, if you do suffer because of negligent laser eye surgery, 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 before 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.
What Types Of Negligence Could Result In A Laser Eye Surgery Claim?
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 towards 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.
What Compensation Can I Claim For Following Negligent Laser Eye Surgery?
When you make a laser eye surgery compensation claim, there are many different aspects that must be considered. Therefore, working out how much you can claim 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.
How Much Compensation For Laser Eye Surgery Negligence?
We will now provide information on how much compensation you could be paid in damages for injuries sustained during negligent laser eye surgery. We should point out that every claim is based on the severity of any injuries. Therefore, the amount offered to settle a case can vary drastically between claims. As a result, while we will list some example figures in the table below, the figures should be treated as guidelines only at this point.
The figures that we have provided in our compensation table 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.
- Up to £252,180 compensation where there is total blindness in both eyes.
- £2,070 – £3,710 compensation for minor eye injuries with a complete recovery within weeks.
- £3,710 – £8,200 compensation for minor eye injuries that cause some initial pain and temporarily impact vision.
- £8,550 – £19,690 compensation for minor eye injuries with a permanent impact on vision, for example some double vision, sensitive to bright lights.
- £22,230 – £36,960 compensation for serious eye injuries where in one eye there is some loss of vision.
- £46,240 – £51,460 compensation where there is loss of sight in one eye.
- £51,460 – £61,690 compensation where there is a total loss of one eye.
- £60,010 up to £168,730 compensation for loss of sight in one eye with some impaired vision in the other eye.
As there may be other injuries not shown above that have happened due to the laser eye surgery negligence, you can also use our compensation calculator below.
If your injury isn’t listed, please don’t worry. We have included a sample to give you an idea of what laser eye surgery claims might be worth. When you call our advisors, they should be able to provide a more accurate estimate for you. Do bear in mind that even if you make a successful compensation claim, it cannot be guaranteed you’ll receive the amounts listed above.
Time Limits For Laser Eye Surgery Claims
All personal injury and medical negligence 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 leaser 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.
How Personal Injury Solicitors Can Help With Botched Laser Eye Surgery Claims
Hopefully, this guide has explained 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 your claim 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.
Updated 4th September 2021.