Expert Legal Advice for Ophthalmic Negligence Claims
Our eyesight is a precious sense we rely on every moment of the day. When you place your trust in an eye care professional, you expect a high standard of care to protect that sense. However, when medical professionals fail in their duty, the consequences can be devastating and life-altering.
An avoidable eye injury can impact your ability to work, your independence, and your overall quality of life. At Garratts, our experienced clinical negligence solicitors understand the profound impact of such errors. We have successfully represented many people who have suffered due to substandard eye care, securing the compensation they need to help rebuild their lives.
What is Ophthalmic Negligence?
Ophthalmic negligence occurs when an eye care professional, such as an ophthalmologist, an optometrist, or a surgeon, provides care that falls below the accepted medical standard, directly causing a patient to suffer an injury, a worsening of their condition, or the loss of their sight. It is a specific type of clinical negligence.
All medical professionals owe their patients a 'duty of care'. To make a successful claim, it is not enough to have had a poor outcome. We must be able to demonstrate two key things.
Firstly, that there was a 'breach of duty', meaning the care you received was not what could be reasonably expected from a competent professional in that field.
Secondly, we must prove that this breach of duty directly caused the harm you have suffered. Our team has extensive experience in gathering the evidence needed to establish these facts and build a strong case on your behalf.
Types of ophthalmic negligence in diagnosis and treatment
A timely and accurate diagnosis is critical for managing eye conditions, many of which can cause irreversible damage if not treated promptly.
Failure to Diagnose and Treat Glaucoma
Glaucoma is a common condition where the optic nerve becomes damaged. It often develops slowly over many years and may not present obvious symptoms in its early stages, which is why routine eye examinations are so important.
A competent optometrist should be able to detect the signs of glaucoma. A failure to perform the correct tests, misinterpreting the results, or failing to refer a patient for specialist treatment can lead to a significant and permanent loss of vision that could have been prevented with appropriate care.
Mismanaging Retinal Detachment
Retinal detachment is a medical emergency where the thin layer at the back of the eye (the retina) pulls away from its normal position. Patients often report symptoms like the sudden appearance of floaters, flashes of light, or a curtain-like shadow over their vision.
A delayed diagnosis or a failure to refer for immediate surgical intervention can have catastrophic consequences, often leading to permanent blindness in the affected eye.
Errors in Managing Cataracts
Cataracts cause the lens of the eye to become cloudy, leading to blurred vision. While cataract surgery is a very common and generally safe procedure, negligence can still occur.
This can range from a failure to diagnose the condition in the first place, to significant errors during the operation itself, such as damaging the structure of the eye or inserting an incorrect replacement lens, resulting in poor vision and the need for further, more complex surgery.
Failure to Treat Macular Degeneration
Age-related macular degeneration (AMD) is the leading cause of sight loss in the UK. It affects the middle part of your vision and can make everyday activities like reading and recognising faces difficult. While there is no cure for AMD, prompt diagnosis and treatment can slow its progression and preserve vision for longer.
Negligence can involve a failure to spot the signs of AMD or a failure to provide the necessary ongoing treatment and monitoring, leading to an avoidable and accelerated deterioration of sight.
Types of Eye Surgery Negligence
Surgical procedures on the eye are delicate and require immense skill and precision. When standards slip, the results can be devastating. We have significant experience in handling claims related to eye surgery negligence, including for elective procedures.
Negligent LASIK/LASEK Laser Eye Surgery
Laser eye surgery is often marketed as a simple and safe procedure, but it is not without risks, and it is not suitable for everyone. Negligence can occur when a surgeon fails to conduct adequate preoperative screening, operating on a candidate who is not suitable for the procedure.
Surgical errors can also happen, such as using incorrect laser settings or causing damage to the cornea, which can lead to permanent issues like blurred vision, debilitating glare, halos, or chronic dry eye syndrome.
Negligent Keratoplasty (Corneal Transplant) Surgery
A keratoplasty, or corneal transplant, is a complex operation to replace a damaged cornea. Errors during this intricate surgery can lead to serious complications including graft rejection, severe infection, glaucoma, or retinal detachment.
Inadequate post-operative care and monitoring can also constitute negligence if it leads to a complication that should have been identified and managed earlier.
The Broader Impact of Ophthalmic Negligence
Losing any degree of your vision due to a medical mistake is a traumatic experience. The consequences extend far beyond the physical injury. It can affect your ability to work, to drive, and to enjoy hobbies. It can lead to a loss of independence and a reliance on others for daily tasks. The emotional and psychological toll can be immense, often leading to anxiety, social isolation, and depression.
At Garratts, we understand these far-reaching effects. Our goal is to secure compensation that not only accounts for your pain and suffering but also for the financial losses and future care needs you now face.
Ophthalmic negligence is a specific area within the broader field of medical negligence. You can learn more about our comprehensive services for all types of clinical negligence here.
No Win No Fee Ophthalmic Negligence Claims
Many people worry about the cost of hiring a solicitor. To ensure everyone has access to justice, we handle the majority of our cases on a 'No Win No Fee' basis. This is also known as a Conditional Fee Agreement.
This agreement means that you do not have to pay any legal fees upfront. If your claim is unsuccessful, you will not have to pay our fees. This removes the financial risk and uncertainty from pursuing a claim, allowing you to focus on your health and recovery.
Frequently Asked Questions
Q1: What is legally defined as ophthalmic negligence?
A: Legally, ophthalmic negligence is defined as a breach of duty of care by a responsible eye care professional that is proven to have directly caused you an injury, a worsened prognosis, or the loss of sight. We must show that the care provided was below the standard expected of a competent professional in that field.
Q2: How long do I have to make an eye injury claim?
A: In most cases, you have three years to start a claim. This time limit typically begins from the date the negligence occurred or from the 'date of knowledge'. The date you first realised that your injury was a result of the treatment you received. This can be complex, and there are exceptions for children and individuals who lack mental capacity, so it is vital to seek legal advice as soon as possible.
Q3: What can my compensation claim cover?
A: Compensation is calculated to cover two areas. 'General damages' are for your pain, suffering, and the impact the injury has had on your quality of life. 'Special damages' are to reimburse you for any financial losses and expenses you have incurred, or will incur in the future. This includes loss of earnings, private medical treatment, costs of care, assistive technology, and adaptations to your home.
Q4: What is the first step to making an ophthalmic negligence claim?
A: The very first step is to get in touch with our team. We offer a free, no-obligation initial consultation where you can speak to an expert solicitor. We will listen to your experience, answer your questions, and give you clear advice on whether you have grounds to proceed with a claim.
Q5: Is it likely my case will go to court?
A: It is unlikely. The vast majority of clinical negligence claims are settled through negotiation before they reach a final court hearing. Our solicitors are highly experienced negotiators who aim to secure a fair settlement for you without the additional stress of going to court. However, we prepare every case thoroughly and are fully prepared to represent you in court if it is the only way to achieve the right outcome for you.
