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Eye Surgery Negligence Claims
Damage to your eye sight caused through medical negligence can be life changing. Eye surgery in the UK is generally conducted to an extremely high standard – however mistakes can happen, and when they do you can claim compensation.
If you have lost your eye sight or have damaged your sight due to negligent medical treatment, provided by the NHS or private practice, within the last three years, you could be eligible to make a claim.
True Solicitors offer a free initial, no-obligation assessment of your case and if will handle your claim on a no win, no fee basis. Call us on 0344 854 7000 to speak to an advisor.
Procedures which can result in negligent eye surgery claims
If you have lost, or had your eyesight compromised due to following types of eye surgery you could be entitled to make an ophthalmic negligence claim:
Laser eye surgery claims
Laser eye surgery is a procedure typically offered through private practice only to correct people’s vision so that they no longer need to wear glasses. Laser eye surgery, also known as LASIK, LASEK, PRK or Wavefront-guided LASIK surgery, involves using lasers to change the structure of the retina to improve long and short sight issues.
The vast majority of laser eye surgery procedures are successful, however complications can include patients being left with double vision, ghosting – shadows on the eye, and in the worst cases blindness.
Negligent Cataract surgery
A cataract is a condition that causes a clouding of the lens in the eye. A cataract is usually removed under local anaesthetic where the cloudy lens is replaced with an artificial one.
The removal of cataracts is generally a very safe procedure, however errors can include: operating on the wrong eye, failing to take into consideration the patients’ medical history which could lead to complications and the choice of artificial lens.
Glaucoma surgical negligence
Surgery to treat glaucoma is needed to remove excess fluid that causes a build-up of pressure in the eye, which if left can cause damage to the optic nerve and the patient’s vision.
Misdiagnosed glaucoma can lead to permanent eye damage, so it is vital that the condition is diagnosed at the early onset.
Retinal detachment claims
This is an ophthalmic surgical procedure used to reposition the retina to prevent loss of vision.
If a detached retina is left undiagnosed it can become too difficult to reattach, which can lead to permanent damage or sight loss.
Diabetes related eye surgery
This involves surgery that is needed to treat damage caused to the eye’s blood vessels due to diabetes.
If your diabetes was left undiagnosed or improperly managed you may go on to develop retinopathy which may lead to blindness, if left untreated.
How much will my claim be worth?
The amount of compensation that you could get for your ophthalmic negligence claim depends on the individual circumstances of your case. Your solicitor will take into consideration the severity of your sight loss or damage, along with your unique circumstances like loss of earnings.
Typically eye surgery compensation claims can result in the following pay-outs:
- Minor eye injury: £2070 – £8200
- Moderate eye injury (i.e. loss of vision in one eye): £8550 – £51,460
- Severe eye injury (i.e total sight loss): £51,460 – £252,180
This is not to say that the value of your claim may be more or less than the amounts stated above. Your claims handler will provide you with an idea of how much your claim will be worth after assessing your case.
True Solicitors will handle your case using a conditional fee agreement, commonly known as a ‘No win, no fee’ agreement. We might also be able to get you access to interim payments – a small sum out of your total compensation amount, whilst your case is still on going.
Is there a time limit for making a claim?
Eye surgery claims need to be brought within three years of the date in which you received the treatment, or within three years from when your symptoms manifested themselves.
Children do not face the claims time limit of three years as a claim can be made by an adult on their behalf at any time before they turn 18. There is no time limit to make a claim for those who are mentally incapacitated to make a claim themselves. Read our guide on making a medical negligence claim on the behalf of a child for more information.
How do I know if I am eligible to make a claim?
In order to prove that you have an eligible claim your solicitor must be able to prove that you received substandard care or treatment from a medical professional. This can include negligence in the form of:
- Failing to warn you of the risks associated with the surgery.
- Not providing you with all of the possible treatment options available.
- Failing to give you the correct medication.
- Failing to use a machine or operating equipment correctly which led to further injury.
When we agree to take your case on we will conduct a full investigation into the eye treatment or surgery that you received; in order to identify what specifically went wrong and how your injuries could have been avoided. We will also instruct an independent medical expert to evaluate your case, which will be used as evidence in supporting your claim against the third party responsible for causing your injuries.
What evidence do I need to support my claim?
The following evidence can be used to help support your ophthalmic claim:
- Photos of your injuries
- Witness statements
- Medical records
- Independent medical examination report – which can be arranged to be completed by your claims handler.
- Any correspondence that may prove that you received negligent treatment, such as a letter that stated a certain diagnosis that was later proven to be incorrect.
How long will my claim take?
The time it will take for your eye surgery claim to settle is dependent on the individual circumstances of your case. If your eye injuries are severe and you have completely lost your eye sight as a result of the negligent treatment that you received, you can expect that your claim will take longer to settle.
Complex claims can sometimes take in excess of two years to settle. Your claims handler will be able to provide you with an estimate of how long they expect your claim will take when they assess your case. Other factors that may impact how long it will take for your claim to settle include if the third party accept liability or not.
How much will it cost to make a claim?
If you have suffered due to medical negligence, you may be eligible to make a No Win, No Fee claim through us. This simply means that should we not win your case, you will not need to pay us a penny to cover your legal fees.
If you win your case your opponent will pay most of your legal costs.
Any legal costs not paid by your opponent will be deducted from the compensation that you receive. These costs include:
- The cost of your no win no fee insurance policy
- Some of your basic legal costs which can’t be recovered from your opponent
- A “success fee” which compensates us for the risk that if your claim was unsuccessful then we would not be paid at all.
Your solicitor will discuss this with you in advance, so you’ll know what to expect when your claim settles.
Read our guide on how personal injury claims are funded for more information.
Contact us today for a free, initial assessment of your claim. Submit your details below or call us on 0344 854 7000.