A visit to the opticians should be a routine medical appointment. You may find you need glasses or that your prescription has changed since your last checkup. Visits to the optician can also help to highlight other types of medical conditions such as diabetes. If you have suffered harm due to negligent care at the opticians you could be eligible to claim compensation. In this guide we will discuss how you could make an optician negligence claim.
We look at what an optician negligence claim is, types of negligence by opticians, evidence which could support your case and how the claims process works. We also look at how compensation settlements may be calculated. In addition we also explain how a No Win No Fee solicitor could help you.
If you or a loved one have been harmed by an optician’s negligence, one of our No Win No Fee solicitors could help you. You can contact us to begin a clinical or medical negligence claim today by;
- Calling an advisor on 0800 073 8801.
- Messaging us on our live support chat
- Or start a claim online by filling in our contact form.
Browse Our Guide
- What Is An Optician Negligence Claim?
- What Are Common Types Of Optician Negligence?
- What Could Help Me Make A Successful Optician Negligence Claim?
- How Much Compensation For Optician Negligence?
- Can I Make A No Win No Fee Optician Negligence Compensation Claim?
- Learn About Medical Negligence Claims
What Is An Optician Negligence Claim?
An optician negligence claim is a compensation case made against an optician for harm caused by their negligent advice, care or treatment. Opticians have a duty of care to ensure that the treatment and advice they provide is in line with professional standards and that which would be provided by a similarly qualified professional. They should ensure that assessments, examinations and treatments provided meet such standards. The General Optical Council publishes standards for optometrists and dispensing opticians. The General Optical Council are the regulator for optical professionals in the UK.
In order to make a medical negligence claim for negligent eye treatment you need to show that;
- The dispensing optician, optometrist or other professional owed you a duty of care.
- They have breached this duty of care. This may be the failure to diagnose a medication condition.
- That you were harmed due to this breach, such as by the failure to diagnose an eye condition.
For more information on how to make an optician negligence claim, please contact our specialist team.
What Are Common Types Of Optician Negligence?
Opticians should correctly diagnose any eye conditions you have and recommend the correct prescription for any glasses or contact lenses you may require.
Examples of negligent treatment or care may include;
- Failing to diagnose an eye injury or condition. This may cause your eyesight to deteriorate, leaving you with reduced vision and further problems.
- Negligent treatment, such as poor standards of hygiene, may lead to you suffering an infection or other harm.
- Misdiagnosis of your prescription. You may be given the wrong prescription which causes your eyesight to deteriorate and leave you with reduced vision.
- Misdiagnosis or the failure to diagnose other conditions such as diabetes related complications, genetic or congenital conditions or cataracts. The failure to diagnose and treat these conditions could cause the person’s vision to get worse.
- Failure to refer a patient for additional tests or diagnosis. An optician may suspect that a patient has a condition such as cancer. Failing to refer the patient for additional testing could lead to the cancer progressing further and more invasive treatment may be needed. An optician may spot the signs of brain cancer. They should refer a patient for further testing.
- Negligence during laser eye surgery. Laser eye surgery is used to treat astigmatism, hyperopia and myopia as well as other conditions. It may be used as an alternative to contact lenses or glasses. However, if the procedure is not carried out correctly it could harm your eyesight. Laser eye surgery may even cause astigmatism or reduced vision at night.
If you were harmed by a negligent eye exam or treatment, you could be eligible to make an optician negligence claim. Call an advisor to find out more.
What Could Help Me Make A Successful Optician Negligence Claim?
To make a successful optician negligence claim you will need to provide evidence which supports your case. The evidence will need to show how you have been harmed and how the optician was at fault. A No Win No Fee solicitor could help you to gather evidence such as;
- Copies of your medical records. This may include records detailing what treatment the optician provided as well as additional treatment you needed to correct or otherwise treat harm they caused.
- Records of any prescriptions or other medication provided to you.
- Witness contact details if anyone was with you at the appointment where the negligence occurred, or saw the aftermath. They can give a statement later into the claims process.
- Correspondence between the optician and yourself, such as letters and emails.
If you would like to discuss how a solicitor can help gather evidence, please speak to a team member.
How Much Compensation For Optician Negligence?
How much may be awarded for an optician negligence claim may be calculated by looking at general damages and special damages.
General damages compensate for the harm caused by the incident. They cover your physical pain and suffering and may also cover any impact to your mental health, such as post-traumatic stress disorder. Special damages are those which compensate for financial impacts.
In the table below we look at examples taken from the Judicial College (JC) guidelines. The JC provides solicitors or other parties responsible for valuing optician negligence claims with guideline amounts which could be awarded in general damages. The figure in row one is not taken from the JC guidelines. As all claims are different, this table is only to be used as a guide.
| Harm | Severity | Notes | Compensation guideline |
|---|---|---|---|
| Multiple serious forms of injury + special damages. | Serious or severe harm | Compensation for multiple eye injuries and special damages. | Up to £1,000,000+ special damages. |
| Injuries affecting sight | A - total blindness and deafness | Such instances are considered to be among the most devastating injuries. | Around £493,000 |
| B - Total blindness | Total blindness. | Around £327,940 | |
| C - i - Loss of sight in one eye, reduced vision in the other | Where there is serious risk that the remaining eye deteriorates. | £177,150 to £219,400 | |
| C - ii - Loss of sight in one eye, reduced vision in the other | There is reduced vision in the other or issues such as double vision. | £78,040 to £129,330 | |
| D - Total loss of one eye | Compensation depends on age, cosmetic damage and psychiatric harm. | £66,920 to £80,210 | |
| E - Complete sight loss in one eye | Compensation may account for risk of sympathetic ophthalmia. | £60,130 to £66,920 | |
| F - Incomplete loss of sight in one eye. | Loss of sight in one eye and risk or either reduced or lost vision in the other. | £28,900 to £48,040 | |
| G - Permanent, minor, impairment of sight. | Impacting one or both eyes. | £11,120 to £25,600 | |
| H - Minor eye injuries | Minor eye injuries which cause pain. Will temporarily interfere with sight. | £4,820 to £10,660 | |
| I - Transient eye injuries | Those from which you can fully recover in a few weeks. | £2,690 to £4,820 |
Can I Claim For The Financial Impact Of Permanent Eye Damage?
As we have highlighted above, you could claim compensation for the financial impact that permanent eye damage may have on you. Special damages could be awarded to compensate you for a variety of different financial losses. These may include;
- Lost wages.
- Travel expenses (getting to and from medical appointments).
- Care costs, such as care in the home, etc.
- Medical fees and expenses.
- Other impacts on you and your family or loved ones.
In order to successfully claim for special damages, you must present evidence of these costs or losses. You will need to show the defendant or the court that these losses or costs were caused by the optician’s negligence.
Supporting evidence may include;
- Invoices for medical care,
- Receipts for travel or medication.
- Financial statements or wage slips which show the impact on your income.
For advice on making a successful optician negligence claim, please contact our team.
Can I Make A No Win No Fee Optician Negligence Compensation Claim?
If you are considering making an optician negligence claim, a main concern could be how to fund your case. Taking legal action can be costly as well as time-consuming. This is why the solicitors we work with offer services on a No Win No Fee basis.
If you choose to make your compensation claim with one of our solicitors they could offer their services under a Conditional Fee Agreement. This means that under a Conditional Fee Agreement, you:
- Won’t be asked to meet any costs upfront towards your solicitor’s work on your case.
- Also won’t need to pay ongoing fees.
- Won’t be charged for your solicitor’s services if your claim fails.
- Only need to pay for your solicitor’s work on your case if your claim succeeds. This will be taken as a success fee from your compensation as a legally limited percentage.
Speak to a member of the team for a free consultation. If your claim seems eligible, they can connect you to one of our No Win No Fee solicitors. If you would like to speak to our team today you can do so by;
- Call us to discuss compensation claims on 0800 073 8801.
- Talk to our team using the live support chat.
- Or you can start a claim by filling in our online form.
Learn About Medical Negligence Claims
Below you can find further medical negligence claim resources.
- Learn when and how you could make a delayed diagnosis claim in this guide.
- Diseases such as cancer are time-bound. The sooner they are treated the better the chance of recovery. Learn how to claim compensation for delayed diagnosis of breast cancer in this case study.
- Find out how to prove hospital negligence in this resource.
References
- This NHS guide provides information on visiting an optician, such as how often you should visit an optician and what happens after an eye test.
- The Opticians Act 1989 is the governing legislation applicable to opticians care.
- This Cancer Research UK resource looks at getting diagnosed for eye cancer and seeing your GP.
Thank you for reading our guide to making an optician negligence claim. Please contact us if you have any further questions.
