In this guide, we discuss when a claim for negligent eye treatment could be possible and how much medical negligence compensation could be awarded if your case is successful.
Additionally, we look at how long you have to start legal proceedings for an eye injury claim and the evidence you could collect to support your case.
Lastly, this guide looks at the dedicated support our panel of medical negligence solicitors can provide. This includes addressing the benefits of appointing one of the solicitors from our panel under a specific No Win No Fee contract, should your case be eligible.
Contact our team of advisors today to uncover the validity of your case. You can get in touch with them now by simply:
- Calling on 0161 696 9685
- Enquiring online by filling in our ‘Contact Us‘ form
- Speaking with us using the live chat feature on our website
Select A Section
- What Could My Claim For Negligent Eye Treatment Be Worth?
- Could I Claim For Negligent Eye Treatment?
- Are There Time Limits For Medical Negligence Claims?
- Compiling Evidence For Your Negligent Eye Treatment Claim
- How To Get Help From A No Win No Fee Solicitor When Claiming For Medical Negligence
- Further Information On How To Claim Compensation For Clinical Negligence
What Could My Claim For Negligent Eye Treatment Be Worth?
A settlement will be awarded to you if your negligent eye treatment claim succeeds. Your settlement could comprise two different heads of loss, the first being general damages.
General damages look to compensate you for the physical pain and mental suffering brought about by the medical negligence. The type and severity of harm suffered can influence the amount you receive. For example, if you suffered a complete loss of vision following a detached retina, you could be awarded a higher amount than if you experienced minor and temporary vision loss following negligent cataract surgery.
Thos responsible for valuing general damages may refer to the Judicial College Guidelines (JCG) to help them work out how much your case could be worth. They may also use medical evidence to help more definitively value your case as part of the process.
Below, we have produced a table using the guideline compensation brackets found in the JCG. Please remember that these figures are only for your guidance and cannot be guaranteed due to the unique nature of each medical negligence claim.
Compensation Table
The first entry in the table is not from the JCG.
| Harm | Compensation Guidelines | Severity | Notes |
|---|---|---|---|
| Multiple severe injuries and/or illnesses and financial losses | Up to £1,000,000+ | Severe | Compensation for the pain and suffering of multiple severe injuries and/or illnesses as well as financial costs, such as medical costs, care costs, and travel expenses. |
| Eye | In the region of £268,720 | Complete blindness | Total loss of sight in both eyes. |
| £95,990 to £179,770 | The complete loss of sight in one eye and reduced vision in the other (i) | There is a serious risk of the sight in the remaining eye deteriorating, beyond the risk of sympathetic ophthalmia. | |
| £63,950 to £105,990 | The complete loss of sight in one eye and reduced vision in the other (ii) | Reduced vision in the other eye with or without additional problems. | |
| £54,830 to £65,710 | Complete loss of one eye | The award given depends on age, cosmetic effect, and the psychological impact. | |
| £49,270 to £54,830 | Complete loss of sight in one eye | Consideration is given to the risk of sympathetic ophthalmia. | |
| £23,680 to £39,340 | Serious | Incomplete vision loss in one eye without any substantial risk of loss or reduction of vision in the other eye. | |
| £9,110 to £20,980 | Minor | Permanent impairment of vision affecting one or both eyes. |
Can You Claim Special Damages?
On top of receiving general damages, you could be compensated for the monetary losses you’ve incurred due to medical negligence under special damages.
You should ensure you can provide relevant evidence of your losses to guarantee you receive the full amount of compensation you’re entitled to, such as payslips, invoices, and receipts.
Among other things, you could seek compensation for:
- The loss of earnings you’ve suffered due to being unable to work because of the negligent eye treatment.
- Medical expenses, such as for the cost of prescriptions or contact lenses.
- Travel costs, such as for taxis to and from hospital appointments.
- Care costs, such as for help at home.
Contact our advisors now for more information about making a claim for medical negligence and how much compensation you could be awarded if you succeed.
Could I Claim For Negligent Eye Treatment?
Medical professionals, including ophthalmologists, owe their patients a duty of care and if this duty is breached causing you unnecessary or avoidable harm, this could constitute medical negligence.
The duty they owe is to provide care that meets the correct standard. How medical professionals are expected to uphold this duty can differ depending on the area of medicine they specialise in. However, they still owe the same duty of care, and a breach of this could mean you suffer unnecessary harm.
For example, negligent eye surgery involving the medical professional performing the surgery slipping and stabbing you in the eye could mean you suffer a loss of sight.
For medical negligence cases, such as eye surgery claims, to proceed, certain eligibility criteria must be met:
- You were owed a duty of care
- This duty was breached
- You suffered avoidable harm as a result of this breach
For further guidance on when you could make an ophthalmic negligence claim for negligent eye treatment, please contact an advisor on the number above.
Are There Time Limits For Medical Negligence Claims?
Generally, under the Limitation Act 1980, you have three years to begin your medical negligence claim. This could begin on the date medical negligence occurred or your date of knowledge, which is the date you realised medical negligence had occurred. The time limit must be adhered to, along with the eligibility criteria listed above, to claim medical negligence compensation.
In particular circumstances, exceptions to the normal time limit may apply. For example, for individuals under the age of 18 and those lacking the mental capacity to start their own claim for ophthalmic negligence, the way the time limits work will differ. In such scenarios, the courts may appoint a litigation friend to start legal proceedings on the claimant’s behalf and an indefinite pause may be placed on the time limit.
If no claim has been started for a child by the time they turn 18, they will have until they turn 21 to start their own claim. If no claim has been started for a person with a reduced mental capacity, and they recover their capacity, they will have three years from the recovery date to begin legal proceedings.
Our advisors can provide more information regarding the exceptions to the general limitation period. Therefore, if you have any questions about how long you have to start a negligent eye treatment claim, please don’t hesitate to contact us.
Compiling Evidence For Your Negligent Eye Treatment Claim
As part of the eligibility criteria for medical negligence, you need to show that you have suffered unnecessary harm due to a medical professional providing substandard care. Evidence can therefore be very useful, as it can help prove medical negligence and show how it affected you.
As such, to support your claim, you might want to consider gathering the following:
- A copy of your medical records that outline your diagnosis and subsequent treatments needed. These can also show corrective surgical procedures needed.
- Witness contact details of anyone who joined you in consultations.
- Photographs of any visible injuries you suffered.
The above list isn’t exhaustive, and you may be unsure what evidence you require to support your negligent eye treatment claim in the best way possible. Our panel of solicitors could assist with this as part of their service if your case is eligible.
Contact our team of advisors today for a free consultation and to find out whether an expert medical negligence solicitor from our panel could assist you with seeking compensation.
How To Get Help From A No Win No Fee Solicitor When Claiming For Medical Negligence
Our panel of solicitors has years of experience supporting people through the medical negligence claims process. They have handled different types of medical negligence claims, including those for negligent eye treatment. If you desire similar support and have an eligible case, a Conditional Fee Agreement could be offered to you.
This is a specific type of No Win No Fee agreement, ensuring no fees are payable for the solicitor’s service if the case fails to succeed. Moreover, there wouldn’t be any upfront solicitor fees to begin instruction or during the case.
Supposing a case succeeds, solicitors take a percentage as their success fee from the compensation awarded. However, this is only a small, legally capped percentage, ensuring you keep the majority of your settlement.
Get Advice From Our Team
One of the advisors from our team could provide you with a free consultation if you get in touch. Provided it was deemed that your case is eligible, they could pass you over to a solicitor from our panel. You can choose whether you want to talk to us online or arrange a call with an advisor at a time that suits you.
To begin your potential eye injury compensation claim with us today or to ask more questions about claims medical negligence, get in touch by:
- Calling on 0161 696 9685
- Enquiring online by filling in our ‘Contact Us‘ form
- Speaking with us using the live chat feature on our website
Further Information On How To Claim Compensation For Clinical Negligence
If you would like to read more of our helpful guides, please look here:
- Information about the Bolam test and when it could be used in your case.
- Making a hospital negligence claim and when you could be eligible to seek compensation.
- Find out what you could claim for gynaecologist negligence and the steps you could take to secure a settlement.
For some external resources, please look below:
- Information about the NHS Constitution for England from Gov.UK.
- Guidance on professional standards for doctors from General Medical Council.
- Advice on eye injuries from NHS.
Thank you for reading our guide on claiming medical negligence compensation for negligent eye treatment. If you have any other questions, please contact an advisor on the number above.