Eye Surgery Claims

Errors during eye surgery procedures can be extremely serious and result in a loss of vision. In these circumstances claims for medical negligence may be made and our team specialise in cases relating to vision loss.
 

Eye surgery claims can result from mistakes made during a variety of procedures including:

• Laser eye surgery also known as laser vision correction, which involves using lasers to reshape the cornea to enable better focus. There are three main types of laser eye surgery: LASIK, SMILE and surface laser treatments.
• Lens surgery – Phakic intraocular lens implantation (PIOL) where artificial lenses are placed in the eye without removing the natural lenses to improve vision or refractive lens exchange (RLE). RLE is essentially the same as having cataract surgery whereby the natural lens is removed and replaced with an artificial one.
• Surgery to remedy a retinal detachment (where the retina is pulled away from its normal position at the back of the eye).
• Surgery to recue eye pressure caused by glaucoma.

Claims may also arise if there was a failure to obtain proper consent from the patient for a procedure which had they had full information, they would not have wanted to proceed with.

The amount of eye surgery compensation obtained in a successful claim will depend upon the extent of the sight loss or other injury. However, compensation may cover private surgery costs if it is considered by experts in the case that this could assist, the costs of care, aids and equipment, any adaptations required to accommodation due to sight loss and any financial losses such as lost earnings.

If you or a family member is concerned about eye surgery they have had, please contact us to discuss how we can help.

Your claim - why us?

Your case will be investigated by our specialist lawyers, led by a partner. We gather all the relevant evidence and work closely with leading experts including ophthalmologists to assess the strength of a claim.

We then work with further experts to consider a client’s long term needs and the full amount of compensation required.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

Is there a time limit for bringing an eye surgery negligence claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales. This is called the limitation period. 

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later).

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

Can I bring a claim on behalf of a child or a family member who is not able to do it themselves?

If a claim relates to injuries suffered by a child or an adult who does not have ‘mental capacity’; a family member (or other trusted person) can act as a ‘Litigation Friend’ and bring the claim on their behalf.

If you are unsure about whether you can bring a claim on someone else’s behalf, we will be able to advise you.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, accident reports, witness statements, and expert evidence to prove that your injury was caused by negligence. 

We also calculate the amount of compensation that can be claimed. Typically this involves instructing experienced experts to advise on your needs, in order to maximise the level of compensation.  We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer. 

In some cases settlement is agreed at an early stage.  In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read Our Guide to Making a Claim.

 

Can claims be brought in relation to private and NHS medical treatment?

Yes. Where treatment was provided through the NHS, the claim is usually brought against the responsible NHS organisation (such as the Hospital Trust or Primary Care Trust). 

Where the treatment was privately funded, the claim is often brought directly against the private hospital, or the private medical practitioner, that provided the treatment.  Hospitals and private practitioners are typically insured or indemnified for negligence claims.

 

Will my case be decided by the Court?

Probably not. The vast majority of personal injury and medical negligence claims are not decided by the Court.

Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings. 

Occasionally, the Court will decide a case, if it cannot be resolved any other way.

 

Can I make a 'no win, no fee' eye surgery negligence claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

Other organisations and resources that may help

• AvMA (Action against Medical Accidents) 
• APIL (Association of Personal Injury Lawyers)