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Eye Surgery Compensation & Ophthalmic Claims

If you have suffered eye problems and injury as a result of an ophthalmologist's avoidable surgical error or misdiagnosis, you may be able to bring a claim.

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Eye claims can be made for ophthalmic injury following negligent treatment by opticians, hospital ophthalmology departments or as a result of negligent laser eye surgery.

Typical mistakes that could give rise to a claim include a failure to recognise or an avoidable delay in treating eye infections, glaucoma or a detached retina. Negligently performed cataract surgery might also be a basis for making an eye related ophthalmic compensation claim.

Eye related claims can stem from problems arising from laser eye surgery to correct refractive errors (LASIK and LASEK surgery). This is not available on the NHS (unless there is a risk of loss of vision) and so is provided by private clinics and commercial companies.

Whatever the cause of damage to your eyes, we would use expert evidence about the nature and extent of your injuries to assess whether a claim would be successful and accurately value any compensation you may be entitled to.

I want to know

How do I make an eye related medical negligence claim

A compensation claim would usually be bought against an NHS Trust when eye surgery has gone wrong, or an optician if there was for example a delay in diagnosing glaucoma or against an individual practitioner or company in laser eye surgery cases.

There is usually a three-year time limit from the date of the alleged negligence within which you can make a claim. In some circumstances this can be extended but you should be aware that these can be complex, lengthy and demanding cases. The first thing to do is to contact an expert law firm like Access Legal, which specialises in this sort of work.

It is important that your chosen law firm has relationships with the appropriate medical and other experts who can assess your immediate health needs and suggest what treatments you may urgently require. Their input will be absolutely crucial to getting advice as to what treatment you may need and the success of your compensation claim.

If you feel you may have a case, call us for a free initial consultation. We can give you the benefit of our experience in such claims as well as an objective assessment of the likely success of your claim.

If I have an eye related medical negligence case

Establishing if you have a case for making an eye related medical negligence claim requires exactly the same effort and evidence as any other claim for clinical negligence. As the Claimant you will need to prove with the support of expert lawyers from Access legal that there was a breach of the duty of care owed to you by the optician, hospital ophthalmologist or the laser eye surgery practitioner.

The onus will be on you, the Claimant, to prove that 'on the balance of probability' (i.e. greater than 50% likelihood) it was those failures, before, during or after the procedure that were directly responsible for the injuries you suffered.

In addition, there could have been a failure to gain your informed consent due to the surgeon not giving you adequate information or warnings about the risks of the type procedure itself.
If we can prove that, properly informed and warned, you would not have gone ahead with the procedure, you may be able to make a successful compensation claim.

There are strict time limits within which you can claim so whatever your circumstances you should contact Access Legal as soon as possible. We can then give you free initial advice about whether a claim is possible and establish what additional treatments you may require to help you look to the future.

More about eye related medical negligence claims

Sometimes things can go wrong during eye surgery which justify a claim, for example: a failure to diagnose and treat a retinal detachment, may be negligent and may warrant a claim.

Information and consent is also crucial in determining whether a claim is possible following damage to the eye, particularly after laser eye surgery.

Sometimes, further more conventional surgery is required if laser surgery does go wrong. For example, damage to the corneal curvature can lead to the need for corneal transplantation. If corrective surgery following a failed procedure is required, patients may be asked to sign a 'Without Prejudice' letter confirming that any remedial treatment offered free of charge is accepted in full and final settlement of any claims against the provider.

Signing this letter may mean you cannot bring a compensation claim in future and therefore you should always seek our legal advice before signing any such document.

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'You need to have a legal team who are caring, who you absolutely trust and who will tell you the truth. Certainly from our point of view Denise Stephens from Access Legal has been absolutely amazing.'

Andy Evans, father of Milly Evans

Eye Related Ophthalmic Claims

Our experienced ophthalmic negligence solicitors fight to make sure we achieve the best possible outcome and get a settlement which enables you to have the care and support you need for the future.

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