Negligence By An Optician – How Do I Claim Compensation?

In the UK, the General Optical Council is the regulator for opticians and this industry in general, overseeing 29,000+ eye care professionals that are currently working in the country. Of course, opticians are the best known to the public. However, you also have optical businesses, student opticians, dispensing opticians, and the various optometrists. If you walk down any high street in the country, though, you are bound to see an optician. From independent opticians to those found within well-known stores like Boots, these professionals provide eye care to the public in many different ways. And while there is no denying that the standard of care is high in general, this does not mean that accidents, errors, and mistakes do not occur. If you have experienced negligence by an optician, it is only right that you get the compensation that you deserve, and this is exactly what Advice.co.uk on 0161 696 9685 is here to help with. We have years of experience in the industry and we have helped many people to find the path to claim optician negligence compensation. You can call us to discuss the specifics of your case. Nevertheless, before you do this, make sure you continue reading to discover everything you need to know about these cases and the personal injury claim process.

Select A Section

A Guide To Claiming Compensation For Negligence By An Optician

Optician negligence compensation claims guide

Optician negligence compensation claims guide

In this guide, we are going to reveal everything you need to know about making an optician negligence claim. Although the standard of eye care in the UK is very high overall, this does not prevent accidents and mistakes from happening. If you have been the victim of such an incident, it is only right that you get the compensation you deserve, and that is exactly what this guide is here to assist you with. We will talk you through exactly what to do if you have experienced an optometrist mistake. This includes information on the personal injury claims process, the average payouts and the steps you should take. We will also explain how our service works and why we are a great choice for the job. If you still have queries by the time you get to the end of the guide, please do not hesitate to give us a call.

What Is Negligence By An Optician?

Negligence by an optician simply relates to a situation whereby the professional has failed in their legal responsibility to provide what is deemed as a reasonable standard of care. Because of this, you will have suffered harm or an injury. There are many ways that this could happen, for example, the optician may have diagnosed you with the incorrect eye injury or they may have used the incorrect treatment.

How Much Can I Claim For Negligence By An Optician?

Of course, you are going to want to know how much money you are going to get if you go ahead and make a claim for compensation. Unfortunately, giving you a completely accurate answer in this regard is impossible. This is because all cases are assessed and handled individually. You may have come across the personal claims injury calculator tools online, yet these are not very accurate because of the wide-ranging effects of this type of negligence. Perhaps the best way to get an understanding of the money you may receive is to look at similar cases that have been before you.

InjuryNotesAverage payout
Injuries Affecting SightTransient Eye Injuries£2,070 to £3,710
Injuries Affecting SightMinor Eye Injuries£3,710 to £8,200
Injuries Affecting SightMinor but permanent impairment of vision in one or both eyes£8,550 to £19,690
Injuries Affecting SightCases of serious but incomplete loss of vision£22,230 to £36,960
Injuries Affecting SightComplete Loss of Sight in One Eye£46,240 to £51,460
Injuries Affecting SightTotal Loss of One Eye£51,460 to £61,690
Injuries Affecting SightLoss of Sight in One Eye with Reduced Vision in the Remaining Eye£60,010 to £99,440
Injuries Affecting SightLoss of Sight in One Eye with Reduced Vision in the Remaining Eye (serious risk of further deterioration in the other eye)£90,100 to £168,730
Injuries Affecting SightTotal BlindnessIn the region of £252,180

What Can I Be Compensated For?

When making a claim for any form of medical negligence, it is important to recognise that compensation is going to be split into two parts. These are as follows:

General damages

This is the term that is used to describe the amount of money that you are going to receive for the injury itself. This will be based on the severity of the original injury, as well as the impact it is going to have on your life.

Special damages

Not only will you be compensated for the injury itself but you will also receive money for special damages. Special damages are out of pocket expenses that you have incurred because of your injury. This can be anything from prescription costs and loss of income, to travel expenses and childcare. You will need proof of these expenses, so make sure you keep receipts and such like.

How Common Is Ophthalmic, Optometrist And Optician Negligence

You may be wondering how often cases like these happen. Optician negligence can be viewed as part of the wider medical negligence issue. There have been a number of statistics released regarding medical negligence on the whole. For example, did you know that between 2008 and 2013 there was an 80 per cent rise in the total number of medical negligence claims resulting in a payout? Of course, there is no denying that ophthalmic negligence only makes up a small portion of all medical negligence claims, yet it is something worth noting.

Source; https://www.telegraph.co.uk/news/health/news/10093091/NHS-negligence-claims-rise-by-20-per-cent-in-just-one-year.html

Causes Of Negligence By An Optician

There are a number of different circumstances that can involve negligence on the behalf of an optician. Below, we will take a look at some of the most common.However, please note that this is not an exclusive list. If you cannot find the type of negligence you have experienced below, please do not panic. You should still be able to claim if the incident was not your fault.

  • Postponing further treatment – This relates to incidents whereby treatment has been postponed or delayed and this has caused the person’s condition to get worse.
  • Failure to carry out laser eye surgery successfully – Laser surgery has great success rates. However, it is a complex procedure, and if errors are made, it can leave individuals with permanent eye damage.
  • Overlooking a severe eye condition – Another mistake that you could experience is when an optician has completely overlooked a severe eye condition, either missing it altogether or diagnosing it as something else.
  • Misdiagnosis – This leads onto the last one perfectly. This occurs when the optician prescribes the incorrect treatment because they have misread the medical condition to begin with.

Common Types Of Medical Negligence

Not only are there many different situations that can involve medical negligence, but there are different types of negligence too. This includes the following…

  • Gross negligence – This is the worst type of negligence. This is when there has been blatant disregard on the medical practitioner’s side.
  • Vicarious liability – This includes cases whereby the organisation or business that employs the optician is deemed negligent for the optician’s actions.
  • Comparative negligence – This category is where there is a balance of responsibility, i.e. meaning the optician and the patient are both responsible to some degree.
  • Contributory negligence – Finally, this relates to cases whereby the patient is either partially or fully to blame.

Symptoms Of Negligent Treatment

There are a number of different symptoms you could experience if you have experienced optician negligence. Of course, this all depends on the nature of the accident. However, some of the common symptoms include…

  • Double vision
  • Eye strain
  • Poor vision sharpness, especially during the day
  • Shoulder and neck pain
  • Issues reading
  • Poor night vision
  • Full or partial loss of eyesight
  • Dry eyes
  • Blurred vision
  • Migraines and headaches

Are There Psychological Effects Of Negligent Treatment?

A lot of people do not realise that they are able to claim for psychological injuries just as they are physical injuries. A lot of people end up suffering psychological effects because of negligent treatment. This can include anxiety, a decrease in life quality, lowered confidence, low self-esteem, and depression. Eye treatment negligence can also make people feel extremely worried and nervous about having treatment in the future. This will all be considered when determining your payout.

Claims For Negligent Optical Treatment By The NHS

Of course, it does not matter whether you were injured at an NHS hospital or at a private optician clinic, we can help you to get the compensation that you deserve. However, it simply means that the procedure for doing so is slightly different. The complaints procedure that is in place with the NHS is designed to make certain that…

  • All complaints are handled in an efficient manner
  • All complaints are investigated in full
  • The person who makes the complaint receives complete respect
  • The individual is informed of the investigation throughout

This all may seem a little bit overwhelming, but there really is nothing for you to worry about. We know the solicitor you choose will handle the claims process well and will know the correct way to go about it, no matter where it happened or what happened.

Time Limits For Making A Medical Negligence Claim

A lot of people are shocked to discover that there is a three-year time limit for anyone that wants to make an accident claim. Unfortunately, they often learn the hard way when they discover they have missed out on the negligence by optician compensation they would have been entitled to. We don’t want this to happen to you, which is why we encourage you to make your claim as soon as possible. You will have three years and court proceedings must be issued within this period. Please refer to the table below for more details.

CircumstancesTime limit
Optician mistake3 years from the date of the accident
Incidents whereby symptoms have developed over time3 years from the date of the diagnosis
Injuries to a childParents can make a claim on behalf of the child prior to their 18th birthday. After this, the child will have 3 years to claim from the date of their 18th birthday.

Starting A Claim For Negligent Treatment Of Your Eyes

Have you been involved in an accident that was not your fault involving optician medical negligence? If you have suffered an injury because of someone else’s error or negligence you should be entitled to compensation. After all, why should you have to suffer? Nonetheless, did you know that a good percentage of people that are entitled to personal injury compensation never claim? This is usually because they don’t know how to go about the process.

Firstly, it is imperative to see a doctor before you even begin to consider the legal process. Of course it is vital to make sure you get the right treatment. However, you also need to see a medical professional in order to ensure that there is proof that you have sustained the injury.

You should also make an effort to gather evidence to support your claim. For example, you can take photographs of the damage to your eyes, if applicable. You should also get the contact information of any witnesses, as well as making an official complaint so that there is proof of what occurred.

Once you have done this, the next thing to do is simply give Advice.co.uk a call on our free legal helpline. You will quickly speak to one of our experienced advisers. They will answer all of your questions and give you a realistic assessment of your case. Nonetheless, one thing you can be certain of is that we will not waste your time here at Advice.co.uk. If we don’t believe you have a strong case – we will tell you.

This is something you can be sure of considering the fact that all of the personal injury solicitors we connect people with work to No Win, No Fee arrangements. This is very beneficial for you for a number of reasons. Not only does it ensure an honest and high quality service, but financial risk is less.

No Win No Fee Claims For Negligence By An Optician

Optician negligence no win no fee claim

Optician negligence no win no fee claim

One of the key attributes of the service the solicitors we can connect you with offer is the fact that they work to No Win, No Fee. All of the personal injury lawyers we connect people with work on this basis. What does this mean for you? Well, these people will only take on your case if they think that your accident is likely to result in compensation. This is because these solicitors earn their money based on the outcome of your case. You also do not need any money to start making your claim. If a no win no fee solicitor loses your case, you don’t have to pay them anything for their services. If they win they retain a success fee from your compensation – maximum of 25% of your compensation.

Why Choose Our Friendly Team?

Here at Advice.co.uk, solicitors we can match you with tick all of the boxes. If you would like to make an accident claim get in touch with us today. You will soon speak to a member of our experienced and friendly advisory team. They will answer all of your questions and talk you through the claim process. They will then put you in touch with a solicitor for your case specifically. You can view the easy claims process below.

Read on to discover some of the things you need to take into account…

  • Experience – Experience is everything. You should go for a solicitor that has worked in the industry for a considerable amount of years. The last thing you want is to be a trial and error practice for someone. You want to be safe in the knowledge that they have handled cases like yours time and time before.
  • Payment Structure – Do you have to pay the solicitor every time you meet up with them? How does payment work? The best thing for many people to do is go for a No Win, No Fee solicitor. These solicitors do not require any money to begin your case and the amount you pay is based on the outcome of your case. Therefore, financial risk is diminished dramatically.
  • Reputation – Does the solicitor have a good reputation? Has he or she won the majority of their cases? What have other people had to say about the service they experienced? This is the most effective approach in order to get a truthful understanding regarding the service you are likely to experience. You will learn everything from the solicitor’s success rate to how easy they are to communicate with.
Use post, phone, or email to get in touch.We will assess your case.When you are ready to, we can then start your claim.

Contact Us

If you want to take advantage of our service all you need to do is give us a call on our free legal phone line, which is available every day of the week. You will soon speak to a member of our advisory team who will assist you in any manner they can and ensure that you are matched to the specialist solicitor for your case specifically. The number you need is 0161 696 9685. Another option is to leave your details and we will call you back as quickly as we can.

Advice For Optician Negligence Claims

NHS – Visiting the Optician – A guide from the NHS about choosing an optician.

NHS – Eye Injuries – A guide to injuries to the eye

Other Medical Negligence Guides

Page by OS

Publisher AL