Losing your vision, partially or entirely, can be traumatic and create long-term physical and emotional difficulties for the victim. Making an eye surgery negligence claim can help you obtain the compensation you truly deserve.
About Eye Surgery Claims
What types of treatment could lead to an eye surgery claim?
There are various surgical procedures that could lead to a loss of eyesight claim, including:
- Cataract surgery - This surgery involves the removal of the eye’s cloudy lens and putting an artificial lens in its place. Cataracts often blur vision and surgery is the only way to improve eyesight.
- Laser eye surgery - This surgery uses lasers to reshape the eye’s cornea with the intention of improving vision in the long term. LASIK is the most typical laser eye surgery procedure and can correct long-sightedness, short-sightedness, and astigmatism. Individuals who don’t want to wear glasses or are unable to wear contact lenses typically go ahead with this surgery.
- Glaucoma-related surgery - These procedures involve drainage of excess fluid to lower pressure in the eye which could otherwise injure the optic nerve and cause vision loss and blindness.
- Diabetes-related surgery - These procedures involve drainage of excess fluid to lower pressure in the eye which could otherwise injure the optic nerve and cause vision loss and blindness.
- Retinal detachment surgery - A detached retina needs to be treated quickly to prevent loss of vision. The type of surgery required to re-attach the retina will depend on several factors including the severity of the detachment.
How could medical negligence occur in relation to eye surgery?
For most people, eye surgery takes place successfully. Despite this, negligent treatment can happen, whether that’s during diagnosis or the eye surgery itself. This can involve situations such as:
- Failure to diagnose what is wrong with the eye, or make a timely diagnosis, resulting in a missed opportunity to provide curative treatment, for example, failure to spot retinal detachment and make an urgent referral to an eye specialist for surgery.
- Where inappropriate advice is given concerning treatment options and the risks and benefits of the various options, including surgery.
- Poor laser treatment, or other corrective eye surgery, leading to partial or even complete loss of eyesight, and in some cases, loss of the eye itself.
- Errors in biometry resulting in refractive error.
- Errors in performing YAG laser capsulotomy resulting in glare.
- Incorrect placement of lens during cataract surgery causing uveitis, glaucoma, and loss of vision.
- Surgical error causing damage to nerves or blood vessels resulting in loss of vision.
- Medication errors either during or after eye surgery.
- Unnecessary eye surgery as a result of misdiagnosis.
- Use of defective surgical equipment.
- Inadequate post-operative care.
What evidence do I need to make my claim?
To support your claim, you need to be able to provide evidence. Our team can help you to obtain evidence. Examples of how you can prove your claim are: -
- Write down any communication you received prior to your eye surgery, ensuring that you don’t forget the facts.
- You can officially complain about medical treatment to the organisation/clinic you received negligent treatment from.
- Visit your doctor to have your injuries assessed.
- Access your medical records and any other documentation relating to the treatment and eye surgery to help prove the severity of your injury.
- Obtain photographs of the visible injuries you received.
- Obtain witness statements from others, such as medical staff, family members, or friends.
- Write down notes on how this negligent treatment has impacted your lifestyle.
- Show proof of any loss of earnings.
Following these points can help make the process easier as evidence will legitimise your claim. If you can, collating evidence as early as possible is a good idea as your account of what happened will be clearer.
If you’re struggling with where to start, or have already gathered evidence and need guidance on the next steps for your eye surgery claim, you can speak to our experienced team for assistance.
How much compensation could I receive?
How much compensation you could receive depends on the severity of your eye injury and how it has impacted your life. For example, severe eye impairments may stop you from doing daily activities, such as driving, and could result in loss of earnings and additional care costs. These factors will all be considered in your claim. Here are some examples of what compensation could cover: -
- Physical pain and suffering – you can claim compensation for physical pain and suffering, otherwise referred to as General Damages, caused by negligent eye surgery. The figures in the table below will give you an indication of what you could receive for your physical injury.
- Psychological injuries – you may be able to recover compensation for the psychological distress you have suffered as a result of negligent eye surgery. Anxiety, depression, and adjustment disorder are typical examples of psychological injuries. You may also suffer a loss of amenity which means that your injury has hindered your quality of life by forcing you to give up an activity that you love, such as playing a sport or gardening.
- Extra care costs – you may need to pay for additional care due to your eye surgery injury. Examples of this could include assistance from carers, travel costs and visits to specialised appointments, and therapy for your mental health.
- Loss of earnings – your injury may stop you from earning if it affects your job. You may need to put work to one side while recovering from your injury, both physically and emotionally. If the impacts are severe, you may have to seek out a different line of work or give up your career altogether. You can claim compensation for past and future loss of earnings and/or loss of earning capacity if your injury leaves you at a disadvantage on the labour market.
- Lifestyle changes – there’s a chance you may need to adapt to a new lifestyle after your injury – in the short-term or long-term. For example, you may need to pay for additional assistance in the form of a guide dog, or an improved home navigation system to help you move from room to room more efficiently.
The figures for General Damages for eye injuries in the table below are based on tariffs laid down by the Judicial College Guidelines 16th edition and are figures applicable as at November 2022.
| Claim | Compensation Value |
| Total blindness | In the region of £268,720 |
| Loss of sight in one eye with reduced vision in remaining eye, with serious risk of further deterioration in remaining eye | £95,990 - £179,770 |
| Loss of sight in one eye with reduced vision in remaining eye | £63,950 - £105,990 |
| Total loss of one eye | £54,830 - £65,710 |
| Complete loss of sight in one eye | £49,270 - £54,830 |
| Serious but incomplete loss of vision in one eye | £23,680 - £39,340 |
| Minor but permanent impairment of vision in one or both eyes | £9,110 - £20,980 |
| Minor eye injury with a temporary effect on vision | Around £3,950 - £8,730 |
| Transient eye injury with an entire recovery within a few weeks | Around £2,200 - £3,950 |
Do I have a time limit when making my claim?
You should be aware of time limits when making your medical negligence claim. Generally speaking, you must make a claim within three years of the date of negligent treatment or within three years from the date upon which you first became aware that you have suffered an injury, if later. If you are concerned about this, please get in touch with us regardless – there are exceptions to time limits, and we do not automatically turn away cases that are close to (or even past) possible expiry.
Children under the age of 18 do not face the three-year time limit because an adult can make a claim for them at any given period before the child turns 18. Once a child turns 18 they have 3 years to make a claim. Those who have a mental disability and would struggle to make a claim by themselves face no time limit.
Talk To Our Eye Surgery Claim Specialists
If you think you have suffered as a victim of negligent eye surgery, our experienced and sympathetic team here at Medical Solicitors can assist you during this challenging process and help you receive the compensation you deserve for your eye injury.
We know how traumatic this process can be, which is why we work closely with experts in the medical field to help fight for you. We are more than happy to help you collect the evidence you need to make a claim, calculate fair compensation rates in your personal case, and generate the best possible outcome for you.
If you have had any problems with your eye surgery, please contact us today for a free chat about how to proceed. In most cases, we can offer you a no-win no-fee agreement for eye surgery claims, so you don’t have anything to lose from having a chat with us.
If you have suffered from vision impairment, don’t hesitate to explore our loss of sight resource guide for further advice and information regarding support groups.
