Learn About Eye Surgery Claims

If you have suffered harm while undergoing operative eye surgery, you may be wondering whether you could be eligible to receive compensation. Within this guide, we will set out the duty of care you are owed by all the medical professionals treating you, as well as the eligibility requirements all eye surgery claims must meet to be considered valid.

Following this, we will provide you with some examples of when you may be eligible to receive laser eye surgery compensation following negligent treatment. Additionally, we will discuss how compensation is calculated for successful medical negligence compensation claims, and the different forms of harm you could be compensated you.

We will also explain the steps involved in making a medical negligence claim. Lastly, we will conclude this guide by discussing how a solicitor from our panel could help you claim compensation on a No Win No Fee basis.

Contact us today to find out how we could help with eye surgery negligence claims. Our friendly team of advisors can assess the eligibility of your case, provide you will free advice, and answer any questions you may have about the claiming process. Connect with them today via any of the following methods:

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What Are Eye Surgery Claims?

When you are under the care of a medical professional, they owe you a duty of care. Thin includes, doctors, surgeons and nurses regardless of the medical environment they work in. Per their duty of care, they should ensure that the care they provide to you meets the minimum expected standard. If they were to breach their duty of care, this could cause you to suffer unnecessary harm.

All eye surgery claims must meet the medical negligence claims eligibility criteria to be deemed valid. These are:

  1. A duty of care was owed to you by a healthcare professional.
  2. This duty was breached by them.
  3. The breach caused you to suffer harm that was unnecessary or could have otherwise been avoided.

However, it is important to note that there may be some instances where you experience harm, but a medical professional did not breach their duty of care. In these instances, you might not be able to claim compensation.

Types Of Eye Surgery Procedure

  • Laser eye surgery: This procedure may be used to treat conditions that lead to loss of vision or correct problems with eyesight. The surgeon uses a laser to alter the cornea (outer layer of the eye).
  • Cataract surgery: This procedure involves replacing the cloudy lens inside of your eye with an artificial one. Cataracts can get worse slowly over time, and surgery is the only way to correct this condition.
  • Retinal detachment surgery: A detached retina occurs when the thin layer at the back of your eye becomes loose. It can permanently affect your eyesight, and surgery may be required to fix this issue.
  • Glaucoma treatment: Glaucoma occurs when the optic nerve, which connects the eye to the brain, becomes damaged. If not treated early, it can lead to a loss of vision. Depending on the type of glaucoma you have, you may require laser treatment or surgery to improve the condition.

If you have any questions regarding eye surgery compensation claims, or if you would like the eligibility of your case assessed, you can contact one of our advisors.

What Are Examples of Potential Laser Eye Surgery Claims?

As aforementioned, for eye surgery claims to be considered valid, they must demonstrate that a medical professional breached their duty of care, resulting in a patient suffering unnecessary harm.

Some examples of how you may suffer unnecessary harm during eye surgery include:

  • If your surgeon or another healthcare professional, such as an ophthalmologist, failed to warn you of the risks of surgery you were receiving. Knowing these risks may sway your decision on whether or not you still want the surgery. If you were not informed of them, and you suffered one, you might be able to make a claim for compensation for the harm you have suffered.
  • Your surgeon using the wrong equipment or procedures during your surgery could cause you to suffer harm, such as scarring or reduced vision.
  • Never events, such as the surgeon performing the surgery on the incorrect eye. This could cause your original condition to worsen and your healthy eye to suffer unnecessary harm due to the procedure.
  • Receiving incorrect advice from your surgeon regarding your aftercare, resulting in you suffering harm that could have otherwise been avoided.

How Much Time Do You Have To Make An Eye Surgery Claim?

In most cases, you have three years to start a medical negligence claim. This is set out within the Limitation Act 1980 and runs from the date the medical negligence took place or the date you first became reasonably aware of it.

Exceptions to this limitation period apply to claimants under the age of 18 and those lacking the mental capacity to manage their own legal proceedings.

To learn more about the exceptions that apply to the time limits for eye surgery claims, you can contact our advisors. They can also inform you whether you could be eligible to make a claim if your eye operation has gone wrong.

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How Much Compensation From Cosmetic Eye Surgery Claims?

How much compensation could be awarded for a successful laser eye surgery claim will depend on the specific factors affecting the claim since compensation is awarded on a case-by-case basis.

However, compensation settlements for successful eye surgery claims could consist of general and special damages. General damages are awarded in all successful medical negligence claims, and compensate you for the unnecessary harm you suffered due to a healthcare professional failing to provide you with the correct standard of care.

Those in charge of valuing this head of your claim can refer to any medical evidence they have been provided as well as the Judicial College Guidelines (JCG). The JCG provides compensation guidelines for different forms of harm.

In the table below, we have listed some of the compensation guidelines that may be applicable for eye surgery claims. Please note that this table should only be used as a guide, and the first entry has not been taken from the JCG.

Compensation Table

Harm SufferedSeverityNotesCompensation Amount
Multiple Serious Forms of Harm Plus Special DamagesSeriousCompensation for suffering multiple serious forms of harm plus special damages for loss of earnings, medical expenses and travel costs.Up to £350,000+
Injuries Affecting Sight(b) Total BlindnessComplete loss of sight in both eyes.In the region of £327,940
(c) Loss of Sight In One Eye With Reduced Vision In The Other (i)There is a serious risk of further deterioration in the remaining eye going beyond sympathetic ophthalmia.£117,150 to £219,400
(c) Loss of Sight In One Eye With Reduced Vision In The Other (ii)Reduced vision in the remaining eye with additional problems, e.g. double vision.£78,040 to £129,330
(d) Total Loss of One EyeThe person's age, cosmetic effect and psychiatric consequences will affect the amount awarded.£66,920 to £80,210
(e) Complete Loss Of Sight In One EyeSome risk of sympathetic ophthalmia will be taken into account.£60,130 to £66,920
(f) Serious Incomplete Loss Of Vision In One EyeThe remaining eye won't suffer a significant risk of loss of or reduced vision.£28,900 to £48,040
(g) Minor Permanent Impairment Of VisionAffecting one or both eyes with some double vision.£11,120 to £25,600

Special Damages For Medical Negligence Claims

Special damages aim to reimburse you for the financial harm you have suffered due to the medical negligence. For example, this may include, but is not limited to:

  • Medical expenses, such as paying for further corrective surgery.
  • Loss of earnings for needing to take time off work.
  • Travel expenses to and from medical appointments, such as taxi fares.

When claiming special damages, you will need to present evidence of the losses you intend to claim for. Evidence could include invoices, payslips and receipts.

Contact our advisors today to receive a free valuation of your potential compensation.

What Will Happen When Claiming For Eye Surgery Negligence?

When you first contact our team, they will assess whether you could make a claim for eye surgery negligence. You can talk to our team for free, and they can offer you a no-obligation consultation. If they deem you to have a valid claim, they could connect you with a No Win No Fee medical negligence solicitor on our panel.

The solicitor working on your case will then reach out to the potentially liable party to see whether they accept responsibility for the negligence or not. If they accept liability, your solicitor will try to secure interim compensation payments that could help fund your ongoing recovery and medical treatments while the fully settle the claim. Any interim payments you receive will be taken out from your final compensation payment.

Additionally, when working with a solicitor on our panel, they could help organise an independent medical assessment to evaluate the extent of the harm you have suffered. They could also help you with gathering evidence to support your case. We will provide some examples of evidence a little further down.

Our panel of solicitors try to negotiate claims out of court and have the claim settled as soon as possible. However, should no agreement be made from both parties regarding liability and potential compensation, the claim may need to go to court. In this instance, the solicitor working on your case will help guide you through the process.

Evidence That Could Help In A Medical Negligence Claim

There are various types of evidence which could help prove medical negligence occurred when making your claim. Some examples of evidence that could help support eye surgery claims include:

  • Your medical and optometry records detailing the surgery you underwent, the harm you have suffered and what further treatment you have required.
  • Photographic evidence of the harm you have suffered to your eyes, such as redness and swelling.
  • Any correspondence with your healthcare provider regarding the treatment you received.
  • The contact details of anyone who witnessed the treatment you received. They may be able to provide a statement about the incident at a later date.

Contact a member of our advisory team today to discuss your negligence claim. They may also connect you with a medical negligence solicitor from our panel, who could assist you with gathering evidence as part of their services.

A solicitor explaining the eye surgery claims process to a client.

How Can You Make A No Win No Fee Eye Surgery Claim?

Our panel of solicitors has many years of experience working on various medical negligence claims, including eye surgery claims. If your case meets the eligibility requirements, one of them could help you through the claiming process.

Additionally, they may offer their services to you through a type of No Win No Fee contract known as a Conditional Fee Agreement. With this particular arrangement in place, you will not need to pay your solicitor for their services:

  • Upfront.
  • While the claim progresses.
  • If it fails.

Alternatively, should the claim succeed, you will be required to pay your solicitor a success fee. This fee will be legally limited and taken from your compensation as a percentage. This means that you will get to keep the majority of your compensation.

To check your eligibility to work with one of the No Win No Fee solicitors on our panel for your medical negligence claim, you can contact our advisors. They can be reached by any of the following methods:

Learn More About Eye Surgery Claims

Additional medical negligence claims guides by us:

  • If you received poor care in a hospital, this guide discusses whether you may be eligible to make a medical negligence claim.
  • If you suffered harm due to being prescribed the wrong medication, this guide discusses when you could make a medical negligence claim.
  • Guidance on when you could make a medical negligence claim for a missed fracture that caused you to suffer additional unnecessary harm.

Further external resources:

If you have any questions regarding eye surgery claims or would like to have the validity of your potential medical negligence claim checked, you can contact our advisors.