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Opthalmic Injuries

Eye Surgery Negligence

The complexity of the structure of the eye means that injury as a result of negligent surgery or treatments is an ever present danger. Consultant Opthalmic Experts tend to be highly conscious of the potential for adverse outcomes. This of course, doesn't mean that negligence doesn't happen, it means that it is rare. Here, below we have listed some of the most frequently recurring eye problems, not all of these are related to the issues of surgery. 

For most people, the fear of eye injury or even loss of sight is about the worst possible nightmare. If you have suffered an eye injury that was the result of someones negligence, its as if the injury itself is aggravated. 

Every eye injury is different, there is a spectrum of injury which runs from temporary and relatively inconvenient to permanent and significant. We know that regardless of  the severity every eye injury is serious and it will have an impact on the injured person and every member of their family.  The mechanisms for eye injury are very wide ranging, we would have to write an article that is hundreds of pages long if we were going to list them all productively. It is fair, though, to state that in our experience, the most serious of injuries are usually those that result from misdiagnosis and delay in treating an ophthalmic condition. 

The majority of such injuries tend to flow from the GP Surgery. Patients turn up with serious and foreboding symptoms and are given sympathy and weak eye drops instead of a referral to a suitable ophthalmic surgeon. Or, there is an infection that either doesn't get the right antibiotics (there are hundreds for ophthalmic conditions) or they don't get antibiotics at all.  No matter what the cause though, please don't leave these injuries to a personal injury Solicitor, call us to discuss the situation and the condition, we can usually advise on the spot if there is a claim to pursue and what the extent of that claim will be. 

Increasing numbers of people seek l laser eye surgery for corrections of relatively minor sight defects. The operations are usually effective, they are relatively quick (often day surgery) and can be very liberating for those who have to utilise minor prescription glasses.  However, these procedures are not without risk or complications. Ineffective surgery can lead to permanently blurred vision or even permanent blindness. There are frequently recurring issues with regard to consent. 

 

If you have decided to go ahead and make a claim with the help of a solicitor, you will be asked to recount the history of your case and any subsequent problems which you have experienced since the laser eye surgery. In most cases, you will have to allow your solicitor to access your medical records, so that they can study them in conjunction with your case.

What is my Eye Injury Worth ?

As you might expect, the amount of compensation for an eye injury depends on the seriousness of the injury and on the prognosis for any future improvement. The schedule of loss has to take into account not just the pain suffering, expenses and loss of amenity it must also list loss of earnings and care. Beware of any websites that start promising compensation amounts before these factors are explored. It is suffice to say that compensation for near total sight loss or worse, is very high.

it is a good but not exhaustive starting point to see the publications utilized by the judiciary to compare compensation. 


Injury severity   Factors affecting compensation    Estimated Compensation

Total blindness and deafness         Approx. £265,000
Total blindness         Approx. £175,000
Loss of sight in one eye with severely reduced vision in remaining eye    Risk of further deterioration    £63,000 – £118,000
Loss of sight in one eye with moderately reduced vision in remaining eye    Risk of further deterioration    £42,000 – £69,500
Total loss of one eye    Age and cosmetic effect of injury    £36,000-£43,000
Total loss of sight in one eye    Level of scarring around the eye    £32,250 – £36,000
Serious but incomplete loss of sight in one eye    Risk of further reduction in vision and of reduction in vision of remaining eye    £15,500 – £25,750
Minor but permanently impaired vision in one eye    Risk of further reduction in vision and of reduction in vision of remaining eye    £8,250 – £13,750

So if you think that your eye injury has been caused by medical error, the best thing to do is begin by calling us (or email) and we can discuss at length, what your condition is what the injury is, where the negligence lays and whether there is a claim that can be resolved in your favour with appropriate compensation. We are Law Society accredited Specialist Clinical Negligence Panel Members. 

All Solicitors approved by Law-Med are authorised and regulated by the Solicitors Regulatory Authority and carry  full indemnification 

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Law-Med Solicitors

Blake House

Blake Street

York

YO1 8QG