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Our vision has enormous importance in how we live our lives, as it shapes our view of the world outside, allows us to perform basic daily tasks, and do the things we love. Understandably, any eye damage or vision loss can be deeply distressing and have lasting consequences for your physical, psychological, and financial well-being. If the ophthalmic care you received fell below minimum expected standards, you may be able to claim compensation for any avoidable harm that you suffered as a result. We understand that the fallout of ophthalmic negligence can leave you with uncertainty and questions. Thankfully, our advisors are here to provide peace of mind and help you explore your options for claiming compensation.
The medical negligence solicitors on our panel have years of experience in ophthalmic injury claims. They understand how difficult this time can be and work tirelessly from the outset to ease the strain on clients. If you connect with one of them, they will use their expertise to guide you through the ophthalmic negligence claims process with empathy and professionalism, prioritising your well-being at every stage. You can learn more about this support and find out if you can make a claim by contacting our advisory team today.
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- Can I Claim For Ophthalmic Negligence Compensation?
- How Might Medical Negligence Occur In Ophthalmology?
- What Compensation Can Be Awarded For Ophthalmic Negligence?
- Can Ophthalmology Negligence Claims Cover Special Damages?
- What Evidence Can Support A Negligent Ophthalmology Compensation Claim?
- How Long Do I Have To Claim For Ophthalmic Negligence?
- How Legal Helpline Can Support A Claim For Ophthalmology Negligence
- More Information
Can I Claim For Ophthalmic Negligence Compensation?
Yes, you can claim for ophthalmic negligence compensation if the care that you received as an eye patient was substandard and resulted in unnecessary pain and suffering. Like all medical professionals, ophthalmologists and other eye specialists have a responsibility to provide patients with the correct standard of care. This is known as a duty of care, an obligation which extends to hospitals and other medical facilities.
Therefore, the eligibility for ophthalmic medical negligence claims is as follows:
- An ophthalmologist or other healthcare professional had a duty of care towards you.
- They breached this obligation.
- Due to this breach, you were avoidably harmed.
If you have any questions about this eligibility criteria, our advisors are here to answer them. So, please get in touch at any time for quick and clear advice.
How Might Medical Negligence Occur In Ophthalmology?
Medical negligence in ophthalmology can occur due to surgical errors, inadequate monitoring, misinterpretation of tests, or the administration of the wrong medication. We will discuss these examples along with some others below:
- Surgical error: The wrong lens is implanted during cataract surgery after the surgical team misreads the patient’s medical records, leading to permanent blurry vision.
- Delayed diagnosis: An eye specialist fails to recognise clear signs of retinal detachment because of an inadequate examination. The symptoms, including flashes of light and shadows, are misdiagnosed as a retinal tear. This delays a diagnosis, leading to permanent reduction of vision in the affected eye.
- Wrong medication: A medical professional misreads patient notes, leading to the wrong eye drops being prescribed. That leads to long-term dryness, discomfort, and worsening vision.
- Failure to monitor or follow up: A failure to monitor the eye health of a diabetic person can lead to the development of glaucoma, which may require surgery.
- Poor post-operative care: After cataract surgery, medical staff fail to follow hygiene standards by not washing hands and replacing disposable gloves while checking the patient for discharge. That leads to endophthalmitis, resulting in a prolonged hospital stay and permanent vision loss.
You can read some of our other examples of medical negligence, or speak with an advisor to share the details of your experience in complete confidence.
What Compensation Can Be Awarded For Ophthalmic Negligence?
The compensation that can be awarded for ophthalmic negligence depends on the facts of your case, such as the impact and severity of the eye damage and whether the unnecessary harm that you suffered had a financial impact. Compensation for your pain and suffering (the harm that you suffered) is covered under general damages, which your solicitor may value by using the Judicial College Guidelines (JCG). This document is useful for solicitors as it pairs suggested brackets of compensation for various forms and severities of harm.
The table below provides a number of JCG brackets. However, the top row isn’t from the document, and none of the entries guarantee ophthalmic negligence compensation. Please understand that this table is only a form of guidance.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Costs, such as therapy, lost earnings, and professional care. | Up to £1,000,000+ |
| Sight Injuries- Complete Blindness | There is total blindness. | In the region of £327,940 |
| Sight Injuries-Loss of sight in one eye and reduction of vision in the other (i) | There is a risk of greater deterioration in the remaining eye. | £117,150 to £219,400 |
| Sight Injuries-Loss of sight in one eye and reduction of vision in the other (ii) | There is reduced vision in the remaining eye and/or problems, such as double vision. | £78,040 to £129,330 |
| Sight Injuries- Complete loss of one eye | The compensation amount depends on age, psychological distress and cosmetic impact. | £66,920 to £80,210 |
| Complete Loss of An Eye | There is complete loss of sight in one eye. | £60,130 to £66,920 |
| Sight Injuries (f) | Either there is constant double vision or an incomplete loss of vision in one eye without any risk to the other. The top of this bracket may include a case of light sensitivity requiring the constant use of dark glasses. | £28,900 to £48,040 |
| Sight Injuries (g) | There is some permanent yet minor impairment of vision in at least one eye. | £11,120 to £25,600 |
| Minor Sight Injuries | Some examples of these injuries include exposure to fumes, being struck in the eye, or getting splashed by liquids, causing temporary interference with vision and some pain. | £4,820 to £10,660 |
| Transient Sight Injuries | There is a recovery within a few weeks. | £2,690 to £4,820 |
Want more tailored guidance on how medical negligence payouts are calculated? Reach out today, and our advisory team will be happy to give the information you’re looking for.
Can Ophthalmology Negligence Claims Cover Special Damages?
Yes, ophthalmology negligence claims can cover special damages if the unnecessary pain and suffering you endured resulted in out-of-pocket costs, such as loss of earnings, the purchase of physical aids, and private ophthalmic treatment. In other words, special damages can reimburse you for:
- Any income loss, including future earnings, bonuses, and pension contributions.
- Supportive aids, such as dark glasses, specialised lenses, electronic devices, or walking sticks.
- Private ophthalmic treatment, ranging from retinal surgery and corneal implants to injections and medications.
- Help from loved ones or professional carers with cleaning, dressing, and other daily tasks.
- Adaptations to your home or car, like the installation of handrails, tactile controls, and smart technology.
- Guide or assistance dogs.
Special damages can only be claimed for if you are able to provide supporting evidence of your losses, such as invoices, bank statements, and wage slips. Our advisors are available day and night, so feel free to ask any questions you might have about seeking compensation for your financial losses.
What Evidence Can Support A Negligent Ophthalmology Compensation Claim?
Medical reports, prescriptions, and photographs of the harm you’ve suffered are some examples of evidence that can support a negligent ophthalmology compensation claim. This proof should be able to show that the care you received fell below the minimum standards of a medical professional, and that this directly led to you being avoidably harmed.
You can read our guide on proving medical negligence or contact our team for assistance in gathering evidence.
How Long Do I Have To Claim For Ophthalmic Negligence?
You have up to 3 years to start a claim for ophthalmic negligence under the Limitation Act 1980. In cases of medical negligence, the time limit commences either on the date of the substandard care or the point at which you became aware of it. However, this time limit is frozen in circumstances where someone cannot claim, either because they are under 18 or lack sufficient mental capacity. Instead, the 3-year time limit will begin if and when:
- A claimant turns 18.
- Mental capacity returns. Otherwise, the time limit will stay suspended.
However, individuals from either category can still pursue compensation during this pause if a loved one or other suitable adult acts on their behalf as a litigation friend. You can get more information on this role by speaking with an advisor and reading our dedicated time limits guide.
How Legal Helpline Can Support A Claim For Ophthalmology Negligence
Legal Helpline can support a claim for ophthalmology negligence by offering guidance and expertise from the moment you reach out to an advisor. They will carefully review what happened and help you find out if you can claim with one of the medical negligence solicitors from our panel. Here at Legal Helpline, our panel approach every claim with the goal of securing compensation and ensuring that clients’ well-being is protected throughout the process. As part of this, our panel provide the following services:
- Communicating with the specialist, private hospital or the NHS on your behalf.
- Collecting evidence for your ophthalmic negligence claim.
- Calculating your potential eye injury compensation.
- Making sure that your ophthalmic compensation claim is started within the correct time limit.
- Negotiating a negligent eye treatment compensation payout reflective of your pain, suffering, and loss.
All of the services provided by our panel of No Win No Fee solicitors are offered under the terms of a Conditional Fee Agreement (CFA). In short, this means you can start claiming without:
- Upfront service fees at the beginning of your eye injury claim.
- Ongoing service fees while the claim moves forward.
- Service fees being charged if your claim loses.
Your solicitor will receive a small success fee if your ophthalmic claim is successful. This is a percentage of the compensation, but there is a legal cap that ensures you would keep the bulk.
Contact Our Advisors
Get in touch with our advisory team now to find out whether you can claim for ophthalmic negligence and get the help you deserve:
- Contact us online.
- Get in touch with an advisor through live chat.
- Call on 0333 000 0729.
More Information
You can read some of our other medical negligence guides:
- Information on how to make a medical negligence claim.
- Our look at the cosmetic surgery claims process.
- Details on missed fracture compensation.
For more information, you can also check out the following links:
- NHS guidance on free eye tests.
- Information from the NHS on eye injuries.
- Details on diabetic eye screening from the NHS.
Thank you for reading our guide on ophthalmic negligence claims.
