Eye injury claims
Our eyes are very precious to us. Having no sight or compromised vision affects life significantly. When problems with our eyes occur, it’s important that GPs, opticians or hospitals act swiftly to ensure no avoidable damage is caused to our eyes or our sight. Whilst on the whole NHS treatment of eye problems is effective, sometimes medical practitioners get it wrong and the care they provide can cause damage.
If your eyes or sight has been damaged by inappropriate treatment, then you may be able to make an eye injury claim. With over 400 years combined experience dealing with medical negligence claims, Fletchers Solicitors’ advisors can assess the facts of your case quickly to determine if you have a claim. We believe that everyone is entitled to fair legal representation, so all of our medical negligence specialists work on a No Win, No Fee basis to take the financial pressure out of the claims process.
What is an eye injury claim?
Our eyes can be very fragile, so if there is anything amiss with our sight or our eyes, it is very important that medical attention is sought quickly and that the correct treatment is provided.
If something happens to your eyes, the impact can be devastating – especially if the damage was avoidable. Eye procedures are very complex and need to be dealt with by qualified specialists, as mistakes in diagnosis or treatment can affect your vision and even lead to blindness.
Whether you’ve suffered temporary vision problems or the devastating effects of blindness, if the harm is the result of negligent care then you could be entitled to compensation.
Our medical negligence specialists understand the pain and trauma that can be caused by negligent eye treatment. When you’re recovering from the aftermath of negligent treatment, pursuing a claim may be the last thing on your mind, so our expert advisors will work on your behalf to secure the medical records, documents and statements needed for your claim. Our dedicated team will pursue your claim with passion and empathy and will be by your side every step of the way.
To have a successful claim, there needs to be demonstrable evidence of negligence. This can mean that evidence that the medical professional who treated you acted in a way that another reasonably competent healthcare professional would not. To assess your case, our dedicated legal team will work with leading medical professionals to understand the level of care you received and best practice.
If it can be shown that negligence occurred, then the next step is to assess the harm it caused you. This could mean the pain you’ve suffered, the effects upon your life and work or the things that you haven’t been able to do. You’ll also need to quantify any financial losses and explain any additional care and assistance you have required. We understand that making a claim against the NHS or a private medical premise may seem daunting, that’s why our dedicated legal team are on hand to guide you step by step through the legal process.
Different types of eye injury claims
There are many problems that can occur in the eyes, so eye injury claims vary. Fletchers Solicitors have successfully represented cases involving negligence including:
- Missed symptoms of glaucoma, cataracts, tumours, detached retina, macular degeneration by opticians or hospital staff
- Mistakes made whilst treating eye problems at hospital such as incorrect treatment
Negligence can also occur during eye surgery. Whilst all treatments carry risks, eye surgery can be particularly tricky. Clinicians have to be very careful when discussing risks with patients and patients should only consent to a procedure once they fully understand the risks involved. Failure to explain the risks and deal with consent appropriately can give rise to a claim in itself.
Types of negligence that may occur alongside eye surgery include:
- Mistakes made during surgery or during aftercare due to negligence
- Failure to properly communicate the risks associated with the type of surgery the patient is undergoing
Many hospitals and private clinics now seek to correct vision problems with laser eye surgery. You could be entitled to make a laser eye surgery claim if you have received substandard care during your treatment which caused you harm or suffering. As with all surgical procedures, it’s important that the risks of laser eye surgery are fully communicated to the patient so that the patient can give full consent. Failure to explain the risks and deal with consent appropriately can give rise to a claim in itself. A poor outcome to laser surgery does not necessarily mean that there has been negligence, but may require investigation.
Is there a time limit on making an eye injury compensation claim?
You have three years from the “date of knowledge” to make a hospital negligence claim.
The “date of knowledge” is the date you first found out or became aware of negligible treatment. This is not three years from when the mistake happened, but three years from when you first knew that something had gone wrong. Often people find out that a mistake has been made straight away, but sometimes it can actually be a matter of months, even years, before anyone admits that something has gone wrong.
If you or the person the mistake happened to is, or was under the age of 18 at the time the incident occurred, then the time limit is three years from the date of their 18th birthday (i.e. their 21st birthday).
If the person the mistake happened to does not have the mental capacity to recognise the mistake, there can be no time limit.
If you think you may have a claim but are unsure of the timescales, or you’re not sure if what happened to you was negligence, we recommend you speak to a legal advisor as soon as possible to discuss the facts of your case. The sooner you seek legal help, the easier it will be to remember crucial details about the care you received.
Contact us today to find out how we can guide you through the legal process.
Call us now on 0330 013 0251 or start your claim today with our online form.