This guide explains when you could claim compensation for eye surgery gone wrong and the process of doing so. If you have surgery on your eye and the procedure is performed incorrectly, this could cause you to experience further harm. In cases where the harm could have been avoided, you may be able to put forward a claim for compensation. We will discuss the criteria that must be met in order to do so further in our guide.
Additionally, we will discuss the compensation you could receive if you make a successful claim and the considerations that will be made when calculating the value of the harm you sustained.
Furthermore, we will discuss the benefits of seeking legal representation from a No Win No Fee solicitor from our panel.
To learn more, you can continue reading our helpful guide. Alternatively, you can speak with one of our advisors. They can answer any questions you may have about making a medical compensation claim. To get in touch, you can:
- Call 0800 652 3087
- Fill out our ‘claim online’ form
- Speak with an advisor via the live chat feature below.
Select A Section
- Vitrectomy Or Eye Surgery Gone Wrong – An Overview
- How Could Eye Surgery Have Gone Wrong?
- What Impact Could Incorrect Eye Surgery Have?
- How To Claim If Vitrectomy Eye Surgery Has Gone Wrong
- Payouts For Eye Surgery Or Vitrectomy Surgery That Has Gone Wrong
- Contact Medical Negligence Assist For Free Legal Advice
There are different types of eye surgeries and procedures, including a vitrectomy which involves an operation where three small incisions are made in the white of the eye to allow small instruments to enter the eye.
All medical professionals owe a duty of care to their patients. As part of this duty, they must provide patients with care that meets the correct standard. This duty extends to surgeons and surgical staff performing eye surgeries. If they fail to do so, it could cause a patient to sustain harm that could have otherwise been prevented. This is known as medical negligence, for which you could make a medical negligence compensation claim.
There are several ways eye surgery gone wrong could occur due to medical negligence. We have provided examples of these in the section below.
There are several ways in which surgical errors could be made. For example:
- The surgeon uses the wrong equipment causing the patient to sustain damage to their eye.
- The wrong eye is operated on. This is known as a never event.
- Laser eye surgery is performed on a patient who wasn’t suitable to receive this particular type of treatment making them more susceptible to complications.
- Poor after care is given causing the patient to develop an infection in their eye which can cause loss of sight.
- Anaesthetic negligence can occur if the anaesthetist fails to correctly monitor you during the surgery. This can lead to you regaining consciousness during the procedure if you are not given the correct amount of general anaesthetic.
However, there are certain risks and complications that can arise from any procedure, including eye surgery. As such, not all instances of eye surgery that has gone wrong will form the basis of a valid claim. To bring forward a claim, you must ensure you demonstrate that a medical professional provided care that fell below the correct standard and you were caused avoidable harm.
There are several ways in which a surgical error could impact your life. For example, you could be caused physical harm including damage to your sight or infections. Complications of several types of eye surgery can include:
- Bleeding inside the eye
- Retinal detachment
- Development of cataracts
- Bruising to the eyelids and eye
Additionally, you could be caused emotional harm as a result of the physical ways the surgical error has affected you. For example, if your sight becomes affected this could have an impact on your independence and emotional well being.
Furthermore, if you are required to take time off work to recover, you may experience a loss of income. You may also need to pay for additional care as a result of the medical negligence.
The ways in which medical negligence has impacted you can be taken into consideration when valuing how much compensation you’re owed.
You could claim compensation if your eye operation has gone wrong due to medical negligence. There are several steps you could take as part of the claims process. For example, you will need proof of medical negligence. You can gather evidence to support your case, such as:
- Hospital reports
- Post-surgical report
- Doctor report
You should also ensure you start your claim within the medical negligence claims time limit, which is normally three years. This can begin from the date of the incident or the date you became aware of negligence.
If you would like to know whether you could claim compensation for eye surgery gone wrong, please get in touch with our team.
After making a successful medical negligence claim, you could receive two types of damages. These are:
- Special damages which compensate for the financial losses caused by the incident of medical negligence. This can include loss of earnings, care costs and travel expenses. You should provide evidence of the losses, such as receipts or payslips.
- General damages which compensate for the pain and suffering caused by the incident of medical negligence.
Below, we have included figures from the Judicial College guidelines. This is a document containing compensation brackets for different injuries. Solicitor can use the guidelines to help them value general damages payouts.
However, the amounts in the table are not guaranteed payments as each settlement will vary depending on the specific circumstances of your case.
|Type of Harm
|(b) Total blindness
|In the region of
|(c) (i) Loss of sight in one eye/ reduced sight in the other. There is a serious risk of the remaining eye deteriorating.
|£95,990 to £179,990
|(c) (ii) Loss of sight in one eye/ reduced sight in the other. There is reduced vision in the other eye and double vision.
|£63,950 to £105,990
|(d) One eye is completely lost.
|£54,830 to £65,710
|(e) Sight is lost completely in one eye.
|£49,270 to £54,830
|(f) Serious and incomplete loss of vision in one eye but no significant loss or reduction of vision in the other eye.
|£23,680 to £39,340
|(g) One or both eyes suffer minor but permanent impaired vision.
|£9,110 to £20,980
|(h) Minor eye injuries causing initial pain and vision interference.
|£3,950 to £8,730
|(i) Transient eye injuries from which the person will completely recover within a few weeks.
|£2,200 to £3,950
For more information on the compensation you could receive, please get in touch using the number above.
If you get in touch with an advisor, they may be able to connect you with a No Win No Fee solicitor from our panel, provided your claim has a chance of success. They may offer you a Conditional Fee Agreement.
This is one type of No Win No Fee arrangement. It can allow you access to your solicitor’s services without paying upfront for them. You also typically won’t need to pay for the work they have completed on your claim if it fails. If the claim is a success, your solicitor can take a success fee from your compensation as a percentage which is capped by the law.
To learn whether a solicitor from our panel could represent your eye surgery gone wrong claim, get in touch with an advisor. They can also answer any questions you might have after reading our guide. You can contact them by:
- Calling 0800 652 3087
- Filling out our ‘claim online’ form
- Speaking with an advisor via the live chat feature below.
Related Surgical Negligence Guides
Below, you can find more of our guides:
- Retained Foreign Body Claims Guide
- Cosmetic Surgery Claims For Medical Negligence
- How To Claim Compensation For A Misdiagnosed Eye Socket Fracture?
Additionally, you can find external resources below:
- NHS Resolution – Claims Management
- GOV – NHS Constitution For England
- General Medical Council – What You Should Expect From Your Doctor
We hope this guide on claiming compensation for eye surgery that has gone wrong has helped. However, if you need any other information, please get in touch using the details provided above.
Guide by Hana