Negligent Eye surgery compensation solicitors.
Many more of us are having corrective eye surgery, and most of the time, in a well -regulated area of the medical profession, people are very happy with the results.
However, laser eye surgery, involves removing a layer of the cornea with a laser; an obviously risky procedure, and accidents do happen, leaving patients injured, or with partial or full loss of sight.
If you have been injured as a result of someone else’s negligence, during laser eye treatment, and have suffered partial or full loss of sight, blurred vision, or injury, then MG Legal’s expert personal injury solicitors can help you claim compensation, on a no win no fee basis, with no financial risk to you.
What are the main causes of injury to the eyes?
The main causes of injury to the eye as a result of laser eye surgery, are human error, such as medical misdiagnosis, and opticians or opthamologists and eye surgeons incorrectly diagnosing symptoms, or delayed diagnosis, causing illness, disease or injury to the eye to spread, causing, at times, irreparable injury and sight loss.
There are of course many ways injury to the eye occur, including sporting accidents, workplace injury, sharp objects or chemicals entering the eye, but more and more people are injured as a result of incorrectly carried out eye surgery, or eye surgery, when this was not the most suitable option for the short-sighted patient. Contact our offices for a free consultation and our medical negligence and personal injury solicitors will let you know if you have a claim for compensation against your medical practitioner, or optician.
Should I make a claim for loss of sight?
Our sight is one of, if not the most important sense that we have, and without it, the effects on our everyday like is devastating. Often those with loss of or impaired sight, as a result of medical negligence, or personal injury, cannot drive, and must rely on relatives and those close to us, to assist in everything we do. Houses will often need to be adapted, and many people are forced to leave their jobs, and live on government allowances in order to get by. But why should you just be expected to ‘get by’ if you have lost your sight, or suffered an injury to the eye, as a result of someone else’s negligence? If you have suffered sight loss as a result of a medical practitioners negligence, through laser eye surgery, or a personal injury, including physical assault, or injury at work, our dedicated team of expert personal injury solicitors can help you get the compensation you deserve, and let you get on with your life in the best way possible.
Do I need to consent to any operation on my eye?
Trauma to the eye can result in blurred vision, partial sightedness, headaches, bloodshot eyes, damage to the lens of the eye, and even blindness.
Unsuccessful eye surgery may not always be negligent, and surgeons will often rely on a consent form, signed by yourself, prior to any operation or surgery, including laser eye surgery, detailng the risks that you have agreed to. Such consent forms often include headings such as ‘expected risks or complications of surgery’ and can include such side effects as infection, blurred vision, or even the surgery not working at all. However, despite the risk of complications often being consented to, injuries do happen during eye surgery and if it can be proven that any of the following apply, you may have a valid claim for eye injury compensation:
There has been a failure by your optician or medical practitioner to refer you to a specialist with the appropriate qualifications and experience to carry out your treatment;
Laser eye treatment is not the appropriate or most suitable treatment for your condition;
A doctor or surgeon has not carried out your eye surgery properly;
A failure to recognise a detached retina or injury to the eye prior to the commencement of any laser eye surgery;
A failure to recognise that an injury has taken place as a result of surgery, and subsequently treat the issue;
Performing laser eye surgery under inappropriate circumstances, and
and failure to properly treat treatable cataracts;
appropriate consent has not been obtained.
The likelihood for adverse outcomes is often higher in patients who have certain pre-existing risk factors, such as diabetes, and medical practitioners must, in order for any defence they may raise relating to issues of consent, have explained the increased risk to the patient, and have screened patients for these risk factors, before going ahead with the procedure. Should such informed consent not take be given, and the potential risk to the patient not have been explained, then any defence in relation to consent would be negated, and you may have a valid claim for medical negligence compensation arising out of your eye surgery procedure.
How much compensation will I receive?
The NHS advise that there are, in the UK alone, almost 2 million people suffering from loss of sight, with 360,000 being registered blind, or partially sighted.
Every case is however different to the next and the amount of compensation received will depend on the injury sustained to the eye, and the amount of sight loss you have suffered, as a result of your laser eye treatment. To make a claim for an injury to the eye, our clients do not have to have suffered any sight loss at all, even if not permanent.
All that is required to make a successful claim for personal injury to eye is:
The injury must have been within the last 3 years, or within 3 years from your date of knowledge if the eye injury is as a result of medical negligence, such as laser eye surgery;
The injury to your eye must have been the fault of someone else, for example a physical assault, medical negligence, or even a beauty treatment procedure that has gone wrong;
The value of your claim will be based on:
Your pain and suffering
The affects on your life and how your life has changed
Any loss of earnings or any loss of congenial employment if you have been forced to leave of job you enjoyed doing
Loss of future earnings
Compensation for care and treatment, including alterations to your home, and a care allowance if you need looking after as a result of your reduced vision
MG Legal’s solicitors are trained to not just help those with serious injuries to the eye, and help clients, on a weekly basis, who have lesser eye injuries such as burns, scratches to the lens of the eye due to a foreign object entering the eye, and injuries such as black eyes from physical assaults, and injuries to the eye resulting from road traffic accidents, including injuries to vehicle drivers, and indeed, roadside pedestrians.
The 15th Edition of the Judicial Studies Guidelines gives some guidance on loss of sight, as follows:
Total Blindness £252,180.00
Loss of sight in one eye with reduced vision in the remaining eye
Where there is a serious risk of further deterioration in the remaining eye, the damages will differ from total blindness, and, including the 10% uplift, vary from £90,100 to £168,130
If, after injury to the eye, you are left blind in one eye, with reduced vision in the remaining eye and/or double vision or any other problem that impairs vision, the award for the damage to your eyesight alone, would be in the region of £60,010 - £99,440
If your injury to the eye is such that you lose an eye completely, then any personal injury compensation would be affected by the age of the injured person, the psychological effects on them, and the cosmetic affect. Damages for the injuries alone, and not including future loss of earnings, care costs and so forth, but with a 10% increase, range from £51,460 to £61,690.
Complete loss of sight in one eye
When injury occurs to the eye to such a degree that blindness occurs, there is often facial scarring or disfigurement and to reflect this, the award ranges from £46,240 to £51,460. To achieve compensation within this bracket, the scars would be minor and no serious enough to warrant a separate compensation award.
Not every injury to the eye needs to result in blindness, or even partial sightedness for a personal injury claim, or claim for medical negligence compensation to be made. Every one of us is different, as are the injuries that we sustain. The Judicial Studies Board guidelines take this into account, and compensation for minor but permanent impairment of vision in one, or both eyes, including temporary double vision, sensitivity to bright lights, ranges from £8,550 to £19,690
With more transient eye injuries, such as trauma to the eye, bloodshot eyes that recover with a few weeks, awarded damages, for the injury alone, between £2,070 and 3,710.
What we do ask all of our injured clients to remember is that the above figures, given by the Judicial Studies Board Guidelines, are extremely generic, and do not include any allowance for care, lost earnings, medical bills, or home adaptations. For an in-depth discussion regarding your claim for eye injury compensation, as a result of laser eye surgery, medical misdiagnosis, or injury in the workplace, for example, through lack of Personal Protective Equipment, then please do not hesitate to contact our team of friendly experts. All initial consultations are free, and if your eye injury was someone else’s fault, then we can accept your claim on a no win no fee basis, with no financial risk to you.
How long do I have to make a claim for eye injury compensation?
The time limit to bring any personal injury claim is usually 3 years from the date of the incident or accident that caused you to suffer a personal injury. Subject to the Limitation Act 1980, if you have been injured as a result of eye surgery you have three years from the date of negligence, or the date you know about the negligence, to pursue a claim for personal injury. So, if your surgeon makes a clear error on the day, and you are made aware of this a the time of your operation, for example, of you went blind, or suffered loss of sight, your three years would start straight away. However, if everything appears ok to start with and then you later find out about an issue, for example a detached retina, delayed blurred vision, is later found to be damaged or the work is substandard and fails long before it is expected to, your three years starts from the day you find out this information.
There are exceptions, for those under 18 years old at time of the injury, in that minors have three years from their 18th birthday within which to make a personal injury claim. So, if you are 17 at the time you are injured, then you have 4 years within which to make a claim for personal injury compensation- this being 3 years after you have reached the age of majority. Time limits may differ if you are acting on behalf of someone with limited mental capacity, if you are acting as guardian or subject a lasting power of attorney. If you have any questions or queries, then please do not hesitate to contact one of MG Legal’s personal injury experts, here.
Why choose MG Legal to pursue my claim for eye injury compensation?
In a world full of personal injury lawyers, and accident management companies, as seen on TV, MG Legal only employ fully-qualified expert medical negligence solicitors to work on your case. Our office locations mean that our clients can easily access, and attend our offices from 8am to 6, or 7pm, most days, and all medical negligence personal injury claims that we accept, are handled on a no win no fee basis, with no financial risk to our injured clients. The service all of the personal injury team at MG Legal offer our clients is second to none. We are small enough to care about all of our clients, yet big enough to get the job done. Our personal injury experts handle all personal injury and medical negligence compensation claims, from minor injuries to catastrophic , life-changing injuries, we are here to help, and take great pride in doing so.
Who pays my legal fees if I make a eye surgery medical negligence claim?
If you have suffered medical negligence that wasn’t you fault, MG Legal’s personal injury claims solicitors believe that access to justice should not entail up-front costs, legal jargon, and confusing conversations with fussy solicitors who don’t live in the real world. So, if you have suffered a personal injury during a surgical procedure, as a result of someone else’s negligence, then you should not have to pay up front legal costs to get access to legal representation. This is why we offer to act on all claims on a no win no fee basis, with no financial risk to you. Read our reviews. We are delighted to see that our clients think very highly of us, and if you choose MG Legal as your medical negligence solicitors, we are sure that you will be extremely pleased how we work, too.