Welcome to our guide on when you could be eligible to make a medical negligence claim for negligent eye treatment. We will examine the duty of care owed by medical professionals to their patients and how breaches of this duty can result in patients experiencing avoidable harm.
You will find information on the eligibility criteria to start a medical negligence claim as well as a table that looks at compensation guidelines taken from a document used by legal professionals when valuing your medical negligence claim.
In the final section of this guide, we have given a brief overview of the No Win No Fee contract our solicitors can offer and the benefits you can expect when starting a claim under these terms.
Expert Advice On A Medical Negligence Claim For Negligent Eye Treatment
You can speak to one of our team of advisors for further guidance on medical negligence claims. They also offer an assessment of your specific circumstance free of charge. To speak to a team member:
- Call 0800 073 8801
- Complete our “Contact Us” form online
- Use our live chat to get a quick response to your queries.
Select A Section
- Could I Make A Medical Negligence Claim For Negligent Eye Treatment?
- What Could Cause Ophthalmology Negligence?
- Evidence Supporting Negligent Eye Treatment Claims
- How Much Could You Claim For Negligent Eye Treatment?
- Start Your No Win No Fee Ophthalmology Negligence Claim
- Discover More About Claiming For Medical Negligence
Could I Make A Medical Negligence Claim For Negligent Eye Treatment?
Ophthalmologists are doctors who care for patients with eye conditions, and all medical professionals owe a duty of care to all patients they are treating. Whether they work in public or private healthcare, they must provide patients with the correct standard of care during treatment. Failures to uphold the correct standard can cause patients to experience avoidable harm.
The eligibility criteria to begin a medical negligence claim after receiving negligent eye treatment are listed here:
- You were owed a duty of care by a medical professional.
- The medical professional breached their duty.
- As a result of the medical professional breaching their duty, you suffered avoidable harm.
When we say “avoidable harm” what we mean is that in some circumstances, it may not be possible to avoid causing further harm or injury to a patient in the provision of the correct standard of care. For example, following a procedure to repair a macular hole, you may experience side effects such as swelling, discomfort and itching. While these symptoms may be unpleasant, they were unavoidable side effects of providing the correct treatment.
Time Limits When Claiming For Negligent Eye Treatment
As established by the Limitation Act 1980, you will have 3 years to begin the legal process following an act of medical negligence. This is counted from either the date the negligent action occurred or what is referred to as the date of knowledge. This is the date when you connected or would have been expected to connect the harm you experienced with the medical professional’s negligence.
There can be exceptions to this limit, and in certain cases, an extension can be granted. To learn more about the time limits in medical negligence claims and enquire more about your eligibility for an extension, speak to one of our advisors using the contact details provided above.
What Could Cause Ophthalmology Negligence?
You may see different eye specialists but very often in order to make a medical negligence claim the person treating you would need to be medically trained. There are other types of claims you could make for example if avoidably harmed by an optician.
There are a number of circumstances that could arise that result in negligent eye treatment. We have provided some possible scenarios of how negligent care could result in an eye injury here:
- An error in your patient notes resulted in surgeons beginning a lens replacement procedure on the wrong eye. You suffered an infection in your healthy eye due to this unnecessary surgery as well as the treatment delay.
- The medical professional failed to carry out further testing. Because of this, your eye melanoma was not detected. The misdiagnosis resulted in the eventual loss of your eye.
Evidence Supporting Negligent Eye Treatment Claims
Supporting evidence is an important aspect of your negligent eye treatment claim. Not only can evidence be used to show how a medical professional failed to provide treatment of the correct standard, but it can also demonstrate what harm was caused and the impacts this had on you. Some possible examples are given here:
- If someone attended the procedure with you, they could provide a witness statement during the claims process, so be sure to take down their contact details.
- You have the legal right to access copies of your medical records, for example, you can obtain copies of test results or any scans that were performed. These can be used to show what treatments were performed, and if a negligent action occurred as well as any further treatments to correct the harm done by that potential negligent action.
- Keeping a diary during your treatment detailing the procedures you underwent and the symptoms experienced can be very useful for demonstrating your physical and mental state.
Will The Bolam Test Be Used In Cases Of Negligent Eye Treatment?
In certain medical negligence cases, the Bolam Test may be used. This is where the care you received is assessed by a panel of relevantly trained medical practitioners to determine whether the care standard was correct. While not used in every claim, the findings of this test can be included as evidence.
It is important to note that in order to start a medical negligence claim, the care you received must fall below the correct standard and cause you to suffer avoidable harm. If you are merely dissatisfied with the level of care you received, but the correct standard was provided, you cannot make a medical negligence claim.
To find out more about what evidence you can collect to support your medical negligence claim, and to get a free assessment of your specific circumstance, contact our dedicated team of advisors today. You could get the support of our specialist medical negligence solicitors with collecting evidence if it is decided you are eligible to move forward with the claims process.
How Much Could You Claim For Negligent Eye Treatment?
Compensation awarded for a successful medical negligence claim following negligent eye treatment can be comprised of up to two heads of claim. The first, general damages, awards for the pain and suffering you experienced due to the negligent actions of the medical professional.
Solicitors can use the Judicial College Guidelines (JCG) to assist them in calculating the potential value of the harm you experienced. The JCG is a document that lists various types of harm with guideline award brackets for each. We have used a selection of these brackets to create the table below.
Compensation Table
We have provided this table for guidance only. Medical negligence claims are assessed individually. Therefore, we cannot guarantee a value for compensation.
| Type of Harm | Severity | Guideline Amount | Notes |
|---|---|---|---|
| Injuries Affecting Sight | Total Blindness (b) | In the region of £268,720 | A complete loss of sight in both eyes. |
| Loss of Sight in One Eye, Reduced Vision in Remaining Eye (c)(i) | £95,990 to £179,770 | Serious risk of further deterioration, going beyond some risk of sympathetic ophthalmia. | |
| Loss of Sight in One Eye, Reduced Vision in Remaining Eye (c)(ii) | £63,950 to £105,990 | Reduced vision in remaining eye and/or additional problems, e.g. double vision. | |
| Total Loss of One Eye (d) | £54,830 to £65,710 | Awards within this bracket depend on factors such as age, cosmetic effect and psychological impacts. | |
| Complete Loss of Sight in One Eye (e) | £49,270 to £54,830 | This bracket includes cases where there is serious scarring in the eye region but not serious enough to merit additional award. | |
| Incomplete Loss of Sight in One (f) | £23,680 to £39,340 | A serious but incomplete loss of vision without significant risk of loss of vision in remaining eye, or where there is continuous double vision. | |
| Minor Permanent Impairment of One or Both Eyes (g) | £9,110 to £20,980 | This bracket includes cases where there is some double vision and cases of permanent sensitivity to bright light. |
Special Damages
The second head of claim is called special damages. Financial losses resulting from the harm caused can be reimbursed under special damages. We have included some examples of costs you could be reimbursed for here:
- Loss of earnings.
- In-home care and support.
- Transport to and from work.
- Medical costs.
- Home adaptations.
Evidence of losses is necessary for awards under special damages. Be sure to retain copies of any travel tickets, receipts and your payslips as proof of losses. To get a more specific estimate of the value of your potential claim, call our advisors today.
Start Your No Win No Fee Ophthalmology Negligence Claim
For a cost-free assessment of your particular circumstances, speak to our advisors. You could be connected with one of our specialist medical negligence solicitors if you have a valid claim. Our solicitors can offer you a No Win No Fee contract called a Conditional Fee Agreement (CFA).
A CFA offers an array of advantages to claimants. In most cases, there will not be any fees upfront for the solicitor to start work on your claim. There will likewise be no ongoing fees during your claim for the solicitor’s services. Unsuccessful claims will not be met with a fee for the work the solicitor has done on your case.
Following a successful claim for negligent eye treatment a compensation settlement will be awarded. A percentage of this compensation will be taken by the solicitor automatically. This deduction is called a success fee. The success fee percentage is subject to a legal cap. What this means is you will receive the majority of any compensation awarded.
You can speak to one of our team of advisors for further guidance on medical negligence claims. They also offer an assessment of your specific circumstance free of charge. To speak to a team member:
- Call 0800 073 8801
- Complete our “Contact Us” form online
- Use our live chat to get a quick response to your queries.
Discover More About Claiming For Medical Negligence
See more of our medical negligence claim guides:
- Who could claim for an oesophageal cancer misdiagnosis?
- Find out about claiming if given the wrong medication dosage.
- Read our guide on who could be eligible to claim after a missed fracture.
Other resources you may find useful:
- The NHS has published an advice sheet on eye infections that you can read here.
- You can read the ethical guidance on good medical practice from the General Medical Council.
- Read about the work of the Care Quality Commission, the independent regulator for health and social care in England.
We’d like to thank you for reading our guide on starting a claim following negligent eye treatment. Our advisors can provide further guidance on the medical negligence claims process. They can also assess your particular circumstances free of charge. To speak to an advisor, use any of the contact details provided above.