A Guide To Making Laser Eye Surgery Claims

Laser eye surgery is a procedure performed to correct visual impairment. However, if it is performed incorrectly, it may have a detrimental impact on your vision and livelihood. If this surgery caused you to suffer unnecessary harm, you may be entitled to medical negligence compensation. This guide will explain the laser eye surgery claims process and how our panel of solicitors may support you on a No Win No Fee basis.

Key Takeaways In Laser Eye Surgery Claims

  • Eye surgery is a medical procedure that is performed to correct problems associated with a person’s vision.
  • If you suffered avoidable harm during this procedure, you may be eligible to start a medical negligence claim.
  • Compensation is calculated on a case-by-case basis and is determined by your injuries and financial losses.
  • You generally have three years to start a medical negligence claim, although there are some exceptions to this.
  • Our panel of solicitors may help you claim compensation for your harm and losses on a No Win No Fee basis.

You can have a free chat with our advisors regarding your laser eye surgery to find out if you are entitled to compensation with no obligation to start a claim by:

A laser pointing at a person's eye.

Jump To A Section

  1. Ophthalmic And Laser Eye Surgery Claims
  2. Types Of Laser Eye Surgery Claims
  3. How To Make Laser Eye Surgery Claims
  4. How Much Could My Eye Surgery Negligence Claim Be Worth?
  5. Can I Make A No Win No Fee Eye Surgery Claim?
  6. Learn More

Ophthalmic And Laser Eye Surgery Claims

If you sustained unnecessary harm during laser eye surgery, you may be eligible to start a medical negligence claim to receive compensation for your suffering. To be able to do so, you must meet the following eligibility criteria:

  • The medical professional who performed your surgery owed you a duty of care
  • The medical professional breached their duty of care
  • This resulted in you suffering avoidable or unnecessary harm

During eye surgeries, medical professionals must meet the correct or minimum expected standard of care while treating their patients. If they fail to do so, this may cause patients to suffer harm that otherwise may not have occurred.

The General Medical Council (GMC) sets out professional standards of care for professionals in the medical arena. As such, they must maintain good medical practice to ensure they are not negligent or cause patients harm.

A medical professional may be negligent during an eye surgery if they:

  • Complete the surgery on the wrong eye
  • Use medical equipment that is not sterile
  • Delay treatment causing the eye condition to worsen
  • Fail to provide aftercare or follow up treatment
  • Fail to prescribe medication or prescribe the wrong medication
  • Cause harm to the patient’s face while when using a laser

If you were unnecessarily harmed during your eye surgery or believe the medical professional was negligent, please do not hesitate to contact our helpful advisors as you may be entitled to compensation.

Types Of Eye Surgery Claims 

The following sections will provide some examples of the most common types of eye surgery claims and explain why compensation may be awarded.

Laser Eye Surgery Claims

Laser eye surgery is an invasive procedure that reshapes the cornea to correct a person’s vision. However, you may be eligible to start a laser eye surgery claim if a medical professional was negligent, causing harm that could have been avoided.

For example, a surgeon may have failed to ensure the laser was on the correct setting and continued with the procedure. If this setting was too powerful for the patient, causing permanent vision loss or facial burns and scaring, they may be able to start a claim.

Glaucoma Eye Surgery Claims 

Glaucoma eye surgery is intrusive and disrupts vision for a short while. It is completed to remove part of the eye-drainage tubes to allow the easy drainage of fluid. If a patient suffered avoidable harm during this procedure, they may be entitled to compensation.

For example, if a medical professional negligently delayed a patient’s surgery, this may have caused the condition of their eye to worsen. If not treated quickly, glaucoma may cause blindness. Therefore, if this happened to the patient, they may be eligible to claim.

Cataract Eye Surgery Claims

Cataract surgery is performed to remove a cloudy eye lens and replace it with an artificial one to improve vision. This surgery may have possible complications but a medical professional must discuss this with the patient before going ahead with it.

You may be eligible to make a compensation claim if the surgeon was negligent. For example, if they failed to use sterile equipment during the procedure, this may cause a bacterial infection resulting in vision loss. A patient may be compensated for this unnecessary harm.

Diabetes Eye Surgery Claims

If a person is suffering from diabetic retinopathy, they may require diabetes eye surgery to prevent blindness. This laser treatment is completed on blood vessels at the back of the eye to prevent further visual damage. If a medical professional is negligent during this treatment, a patient may claim compensation.

For example, the surgeon failed to perform the procedure on the correct eye, this may delay the treatment on the damaged eye and cause vision loss. A patient may claim compensation for this and the unnecessary treatment of the healthy eye.

Retinal Detachment Eye Surgery Claims

Retinal detachment eye surgery removes and replaces the retina to prevent vision loss. It must be performed as soon as possible to prevent permanent damage. If a patient suffered avoidable harm during this procedure, they may be entitled to compensation.

This surgery is typically completed with a patient under local anesthetic. Therefore, if a medical professional fails to administer the correct dosage and the patient is not correctly numbed during the procedure, they may be in significant pain causing psychological distress. In this case, they may be entitled to compensation.

An advisor can answer your questions about laser eye surgery claims. They can also assess whether you have good grounds to start one. Get in touch today.

How To Make Laser Eye Surgery Claims

The following sections will provide some useful information on how to make laser eye surgery claims. It will also include some key steps you can take before the claim process begins to ensure it runs smoothly.

Time Limits In Eye Surgery Claims

You typically have three years to start an eye surgery claim under the Limitation Act 1980. This time limit may begin from either:

  • The date you suffered from the medical negligence or;
  • The date you received knowledge of the medical negligence

However, depending your circumstances, the claims time limit may not apply. For example:

  • If the claimant is a minor, they cannot start a claim themselves. Therefore, the time limit is paused until they reach the age of 18.
  • The time limit is frozen for those without the mental capacity to manage a claim. It will only start if they recover this capacity.

A litigation friend may be appointed to start a claim on behalf of the claimant if the time limit is paused or they need support following their eye surgery. The predominant duties of a litigation friend are to:

  • Act in the claimant’s best interests
  • Communicate with solicitors
  • Sign legal documents on behalf of the claimant
  • Keep the claimant up to date with the claims process

Our helpful advisors can give you more information on the role of a litigation friend and help you figure out whether your claim is still within the time limit. Get in touch with them today to learn more about.

Proving Eye Surgery Claims 

One of the most important stages of laser eye surgery claims is proving third party liability. In short, you must obtain evidence to illustrate how the medical professional acted negligently and caused you to suffer avoidable harm.

Some examples of evidence that may be useful to prove medical negligence:

  • Copies of your medical records that demonstrate your condition and treatment
  • Copies of any prescriptions or test results such as a visual field test
  • Copies of complaints you made to the medical professional and their response
  • Photographs of the harm you suffered following the surgery
  • Copies of the documentation you were sent regarding the surgery
  • Any information you were given if you had urgent treatment after your surgery
  • The contact details of any witnesses

If you obtain evidence as soon as possible, this may work in your favour as it may speed up the claims process. Once all of your evidence has been collected, our panel of solicitors may begin to review it and build your case.

If you have any difficulty obtaining evidence, please do not hesitate to contact our helpful advisors. They can give you some guidance as to how you can find it, or our panel of solicitors may help you obtain it.

The word evidence to prove laser eye surgery negligence occurred appearing behind torn paper.

How Much Could My Eye Surgery Negligence Claim Be Worth?

You may be entitled to a compensation payout in the region of £327,940 if the laser eye surgery caused total blindness. This figure is from the Judicidal College Guidelines (JCG) and is only a suggestive amount. However, such awards are calculated upon different factors and vary from case to case. Furthermore, this figure only considers pain and suffering, it does not consider any financial losses connected to the injuries to your eye.

Compensation in medical negligence claims is typically split into general damages and special damages. This is to ensure claimants receive compensation for harm they suffered and the financial losses they incurred.

Under the head of claim general damages, you may be compensated for your physical and psychological suffering following the medical negligence. A professional team calculates this part of the settlement using an independent medical assessor’s report and compensation guidelines provided by the Judicial College.

The table below provides examples of suggestive compensation figures from the JCG, that you may be awarded following a successful eye surgery negligence claim. However, please note that as these awards are only guidelines, they are not guaranteed and the top figure is not found in the JCG.

Damage Compensation Guideline
Multiple Serious Injuries and Significant Financial LossesUp to £500,000 plus
Total BlindnessIn the region of £327,940
Loss of Sight in One Eye and Reduced Vision in the Remaining Eye (i)£117,150 to £219,400
Loss of Sight in One Eye and Reduced Vision in the Remaining Eye (ii)£78,040 to £129,330
Total Loss of One Eye£66,920 to £80,210
Complete Loss of Sight in One Eye£60,130 to £66,920
Incomplete Loss of Vision In One Eye or Constant Double Vision£28,900 to £48,040
Permanent Minor Vision Impairment in One or Both Eyes£11,120 to £25,600
Minor Eye Injuries£4,820 to £10,660
Transient Eye Injuries£2,690 to £4,820

What About The Financial Losses Caused By Medical Negligence?

Under the head of claim special damages, you may be compensated for any financial losses your physical or psychological suffering led you to incur. Some examples of this include:

  • Missed wages for any time off work
  • Lost work benefits such as holiday entitlement, pension contributions or bonuses
  • Future financial losses if you suffered permanent visual damage and are no longer able to work
  • Costs towards eye tests, glasses or contact lenses
  • Costs towards further medical procedures or medication
  • Costs for travelling to and from appointments
  • Costs towards carers or home mobility adjustments

When claiming special damages, you must provide evidence of the financial losses you incurred. However, our panel of solicitors may help you with this. Some examples of evidence to support this head of claim include:

  • Pay slips
  • Bank statements
  • Receipts
  • Medical or travel bills

Our panel of solicitors will work extremely hard to ensure you receive the compensation you deserve. You can contact our helpful advisors today to learn how they will do this or for more information on eye surgery negligence compensation.

Can I Make A No Win No Fee Eye Surgery Claim?

With our panel of solicitors, you may start a laser eye surgery claim on a No Win No Fee basis through a Conditional Fee Agreement (CFA). This may benefit you when claiming compensation as you would not have to pay any upfront costs for your solicitor’s work.

Under the terms of a CFA, and if your claim is successful, you must pay your solicitor a success fee. This will be taken as a small and ;egally capped percentage of your compensation. If your claim is unsuccessful, you are not required to pay a success fee. However, our solicitors will utilise their legal skills to get you the compensation you deserve.

If you would like to start a claim today or want to discuss the contents of the guide in more detail, please do not hesitate to get in touch with our helpful advisors by:

A laser negligence solicitor with a client reviewing a contract.

Learn More

To learn more about laser eye surgery or medical negligence compensation claims, you can click on the links below to access some useful guides.

References:

We appreciate you taking the time to read this guide that explains laser eye surgery claims and how you may be eligible to start one with our panel of solicitors. We hope this was helpful.