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How Much Compensation For An Eye Surgery Claim?

Negligent eye surgery could leave you with life changing injuries. In the most serious cases, it could leave you with sight loss or blindness in both eyes. In this guide, we look at how and when you could make a negligent eye surgery claim.

Our guide provides information on the criteria a clinical or medical negligence claim must meet. We then explore types of surgical negligence before looking at the claims process where we cover how to prove your case and how long you have in which to begin a claim. You can find information on how a compensation claim may be calculated as well as details of how a No Win No Fee solicitor could help you.

If you are ready to begin your claim or want to learn more, contact our team.

  • Dial 0800 073 8804 to talk to an advisor.
  • Start a claim online by requesting a call back from our team.
  • Click on the live chat below for more information.A man has a cover over one eye following eye surgery.

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Can I Make An Eye Surgery Claim?

If you are undergoing medical treatment, such as laser eye surgery, the medical professional carrying out your treatment owes you a duty of care. Whether you are being treated by the NHS or a private healthcare provider, they must meet expected professional standards. If they fail to do so, causing you harm, you could claim compensation.

In order for your eye surgery claim to be successful, you must meet the following eligibility criteria. These are that,

  • A healthcare or medical professional had a duty of care to you. This is automatic if you are under their care.
  • This duty of care has been breached. For example, a surgeon failed to properly carry out a surgical procedure on your eyes.
  • You sustained unnecessary harm because of this breach. This could include loss of vision or blindness.

Please contact us to find out if your circumstances qualify to make a negligent eye surgery claim.

What Types Of Eye Surgery Negligence Can I Claim For?

There are several different types of eye surgery which patients may undergo. If carried out negligently, any of these could result in an eye injury, such as sight loss or other harm to your vision.

In the following sections, we look at different types of eye surgery, how negligence could occur, and how you could be harmed as a result of this.

Retinal Detachment Surgery Compensation Claims

Retinal detachment surgery involves repositioning the patient’s retina to prevent sight loss. Examples of medical negligence could include:

  • Where the medical professional did not fully dilate your pupil to examine the back of your eye. They may miss key symptoms.
  • Where medical professionals do not take account of all of your symptoms and misdiagnose you with a different condition.

If left untreated, retinal detachment could lead to life changing injuries, such as loss of sight.

Laser Eye Surgery Compensation Claims

There are several common types of laser eye surgery. These include LASEK, LASIK, PRK surgeries. These direct a laser at the retina and are used to correct long and short-sightedness. Examples of negligence may include:

  • Failing to complete safety checks on equipment prior to usage, resulting in the use of defective equipment which causes harm.
  • Where you were given poor postoperative care leading to eye injuries, such as an infection.

You may be able to make a laser eye surgery compensation claim if harmed in the circumstances above.

Diabetes Eye Surgery Compensation Claims

Diabetes can cause damage to blood vessels, such as those in your eyes. This can cause harm to your vision.

  • Negligent ophthalmic surgery could affect or harm your vision.
  • The signs of diabetes were not diagnosed early enough and you suffered sight loss caused by diabetic retinopathy.

Glaucoma Eye Surgery Compensation Claims

Glaucoma surgery is carried out to relieve pressure by removing excess fluid from the eye(s). Negligence could include:

  • Delayed diagnosis or treatment which leads to permanent vision loss or blindness.
  • Where medical professionals provided incorrect glaucoma treatment. This may cause your condition to become worse, impacting your vision.

Whether you have been harmed by negligent cataract surgery, ophthalmic surgery or another type of surgical error, you could claim compensation. Please get in touch with our team today for more information.
A woman has an eye examination.

How Do I Prove That Medical Negligence Caused My Eye Injury?

Successful ophthalmic negligence claims require you to provide clear proof that they satisfy the eligibility criteria. This is a key part of the process of claiming for clinical negligence. You could submit the following as evidence of your claim:

  • A copy of your medical records. Your records should show your initial symptoms and diagnosis as well as any treatment given. These should also show what further harm you suffered and what treatment was necessary.
  • Details of any correspondence between yourself and your healthcare provider. This may include letters from the hospital or your GP surgery.
  • Photographs of any visible eye injuries, such as scarring.
  • The contact details of anyone who was witness to the negligent treatment.

One of our medical negligence solicitors could help you to collect evidence to prove your eye surgery claim. For more information, please contact our team.

How Long Do I Have To Make An Eye Surgery Claim?

Medical negligence claims, such as an eye surgery claim, must be made within the applicable limitation period. How long you have to claim is set out in the Limitation Act 1980. The standard time limit to begin a claim is three years.

This period could begin either the date on which the medical negligence occurred, or, if later,  the date on which you discovered that you had been harmed by medical negligence (known as the date of knowledge).

There are potential exceptions to this time limit. For example, in the case of a child eye surgery compensation claim, the time limit will not commence till they turn eighteen. Prior to this, an adult may claim on their behalf.

Please get in touch with our team for more information on when and how to claim on behalf of someone else.

A person has an optometry consultation.

What Compensation Could I Receive For Eye Surgery Negligence?

One of the most common queries with any type of medical negligence claim is how much compensation you may be awarded. Each eye surgery claim is individually assessed and valued.

However, we can look at how your compensation payout may be calculated.

Claims for medical negligence may be awarded both general and special damages. General damages may compensate you for any pain and suffering caused. Special damages may be awarded for the financial impact of your eye injury.

Those involved in calculating compensation for negligent eye surgery may use guidelines published by the Judicial College (JCG). These guidelines include those for different types of injury (such as different eye injuries) at different levels of severity. For example, compensation for loss of sight in one eye may differ to loss of sight in both eyes.

Examples Of Eye Injury Compensation

Below, we look at examples of compensation for different types of eye injury.

  • Multiple serious (eye) injuries and financial losses – up to £1,000,000 plus. This figure is not taken from the JCG.
  • Total blindness and deafness, considered to be among the most devastating injuries – in the region of £493,000.
  • Total blindness – in the region of £327,940.
  • Loss of sight in one eye with reduced vision in the other. Where there is a serious risk of the remaining eye further deteriorating – £117,150 to £219,400.
  • Loss of sight in one eye with reduced vision in the other. Where there are problems such as double vision in the remaining eye – £78,040 to £129,330.
  • Total loss of one eye – depending on age, cosmetic effect and psychological reaction – £66,920 to £80,210.
  • Complete loss of sight – one eye – £60,130 to £66,920.
  • Serious, but not total, loss of sight in one eye with no significant risk of losing sight in the other – £28,900 to £48,040.
  • Permanent, but minor, impaired vision in either both or one eye – £11,120 to £25,600.
  • Minor eye injuries – £4,820 to £10,660.

Partial or full loss of sight in either one or both eyes could have a serious and life long impact on you. In addition to being compensated for potentially life changing injuries themselves, you could also claim for their financial impact. This may include:

  • Medical care and treatment costs.
  • The cost of adapting your home or vehicle to cope with any disability suffered.
  • The cost of any care in the home necessary.
  • Loss of earnings and income.

You will need to submit proof or evidence when claiming for loss of earnings, or any type of special damages. This may include proof of income and invoices for medical care.

Find out what you could claim for negligent eye surgery by contacting our team today.

Make A Medical Negligence Compensation Claim On A No Win No Fee Basis

At Legal Expert, our expert medical negligence solicitors could help you to make an eye surgery claim. They will begin by assessing your case. If they believe that you have a valid claim, they may be able to offer you a Conditional Fee Agreement (CFA).

A CFA is a way to claim with a No Win No Fee solicitor without worrying about upfront or ongoing payments. Instead, under a CFA, your solicitor will not charge for their services until the end of your claim. They will also only charge for their services if the claim is successful. If your compensation claim was not successful, there is nothing to pay for their services.

If you are charged for their services, you will need to pay a success fee. This is calculated as a set percentage of your compensation. This percentage is limited under law and will be agreed with you in advance.

Please get in contact with us today to learn more about eye surgery claims.

  • Call our advisors now on 0800 073 8804.
  • Click to claim online by completing our form.
  • Get live support by clicking on our online chat below.

Personal injury lawyers work on an eye injury claim.

Learn More About How To Claim For Medical Negligence

Below, you can find more information related to medical negligence claims and medical professionals responsibility to patients.

External resources

We hope our guide has shown when you could make an eye surgery claim against a negligent medical professional. Please get in touch with our team for further answers to clinical negligence FAQs.