Glaucoma Compensation Claims

Glaucoma is a common eye condition where the optic nerve, which connects the eye to the brain, becomes damaged. It is usually caused by increased pressure inside the eye as a result of fluid building up in the front part of the eye. It tends to develop slowly and affects the edges of vision initially. Glaucoma can lead to partial or total blindness if it is not diagnosed and treated early. Treatment may include drops or a surgical procedure to reduce the pressure in the eye.
 

If an optometrist, ophthalmologist or other medical professional did not act quickly enough to diagnose or treat glaucoma and a patient’s eye sight is worse as a result, then there may be a claim for medical negligence. An example could be a failure in the checking of optical pressures leading to a delay in diagnosis of glaucoma (see case study).

Glaucoma compensation will depend upon the extent of the sight loss caused by the delay in treatment or other failings. 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 medical treatment for glaucoma, 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 and optometrists 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 a glaucoma 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' glaucoma 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)