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Ophthalmic Negligence Claims

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We all know just how important our sight is. While most eye treatments are performed safely, sometimes doctors make mistakes that can lead to reduced sight or even blindness. If you’ve suffered as a result of mistakes made during either NHS or private ophthalmic treatment, our solicitors could help you claim compensation. 

We have experience helping people claim following a range of procedures, including:

  • Laser eye surgery
  • Cataract, corneal or vitreo-retinal surgery
  • Eye muscle surgery (strabismus treatment)
  • Glaucoma treatments
  • Retina re-attachment
  • Transplants
  • Blocked tear duct procedures
  • Incorrect proscriptions for glasses, contact lenses, eye drops and medication
  • Misdiagnosis and delayed diagnosis

We may also be able to help if you’ve had an eye condition that was misdiagnosed, resulting in extra treatment or permanent damage. Glaucoma and detached retinas are just two of the commonly misdiagnosed conditions we regularly see.

We understand the impact that issues with your eyesight can have on work and everyday life. That’s why we'll make sure that your compensation takes this into account and will help you to receive expert treatment or buy special equipment to help you live as independently as possible.

Our team is one of the UK’s largest medical negligence departments, with specialist lawyers up and down the country. Call us on 0800 121 6567 or contact us online today to find out how we can help with your Ophthalmic Negligence claim.

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Ophthalmic Negligence Claims - More Information

After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

We’ll then get in touch with those responsible for your misdiagnosis at an early stage to see if they accept the blame for your illness. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

Making an ophthalmic claim could help pay for:

  • Loss of earnings
  • Further treatments from an ophthalmology expert
  • Special equipment (e.g. visual aids)
  • Expenses (e.g. travel costs)

The amount you’ll receive won’t only depend on the above factors, but will also take into account:

  • Your pain and suffering
  • The chances of you making a full recovery
  • Long-term health effects

In the most severe cases, you could suffer permanent blindness, severely impaired vision or the loss of an eye because of negligent eye treatment. If this is the case we could help you secure money to fund care costs and cover earnings that you would have received up until retirement age.

We might also be able to help you get early compensation payments. Often known as interim payments, these can fund ongoing treatments and expenses before your claim settles. These can be secured if those responsible for your injury admit liability early on.

We’ll make sure that your compensation reflects the situation you’ve been left in after a negligent eye procedure, taking into account the changes you may have had to make to your life.

Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

Please visit our No Win No Fee page for more information on how it works.

You’ll normally have three years to make a claim, either from the date of your negligent care or from the point where it was discovered that negligent treatment was responsible for your injuries. However, there are some exceptions to this rule:

  • If you suffered negligent care before you turned 18, you can make a claim up until your 21st birthday. Claims for children under 18 must be handled by an adult. These cases are subject to different time limits as growth can impact on your child’s injuries which means working out how much compensation you need can take time.
  • If you need to claim on behalf of someone who doesn’t have mental capacity, the three year time limit doesn’t apply. This changes if the person who experienced negligence regains mental capacity, where they will then have three years from this date to make a claim.

We urge you to contact us as soon as possible so that we can start looking at the evidence and building your case without delay. If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation.

We’re the largest medical negligence department in the country, and our solicitors are highly rated by independent legal guides such as Chambers & Partners and the Legal 500. With offices up and down the country, we’re able to help you wherever you are.

We have years of experience in securing compensation for those who’ve suffered as a consequence of medical errors. Our solicitors are aware that every claim is different and we take the time to understand the care and support you need.

For some people getting an apology and explanation for what’s happened is just as important as a compensation award. We’ll help you make a complaint and will campaign for systems to be put in place, to make sure the same thing doesn’t happen to somebody else.

Meet our experts

Stephen Onley quote image

Over the last two and a half years, I couldn’t have got to where I am now without the support of Irwin Mitchell.”

Stephen, client

Frequently Asked Questions

What Constitutes Negligence In Ophthalmic Claims?

The eye is a delicate organ and, even though most ophthalmic procedures succeed, mistakes from surgeons or doctors can have severe repercussions.

Poor technique may cause preventable damage to parts of your eye, such as the:

  • Cornea
  • Iris
  • Lens capsule
  • Retina

You might have received substandard care before or after the procedure, in the form of a failure to give you:

  • Antibiotics that would have prevented an eye infection
  • A full pre-operation assessment to identify any potential risks
  • The right kind of artificial lens after a cataract operation

After taking your case on, we’ll make a full investigation into the eye treatment you received, working out what went wrong and how your injuries could have been avoided. We’ll call on the expertise of independent medical experts to provide evidence for your claim, as well as calculating the effect that the negligence has had on your life.

What Are The Consequences Of Negligence?

Damage to your eyesight can be life-changing, making ordinary tasks much more difficult to complete without support. Some of the complications often associated with ophthalmic negligence include:

  • Blindness
  • Difficulties seeing in the dark
  • Over-correction or under-correction of the patient’s vision
  • Ptosis (eyelid drooping)

Covering the front of the eye, the cornea focuses light and protects the eye. Although a strong and durable part of the eye, the cornea can easily be damaged during treatment, with effects including:

  • Scarring
  • Infection
  • Corneal haze (long term mistiness of vision)

If you have suffered following an ophthalmic treatment and would like to claim compensation, please call us on 0800 121 6567 for a free initial consultation, or contact us online.

What If My Eye Condition Was Misdiagnosed?

A timely diagnosis can make a big difference when it comes to successfully treating an eye condition. If treatment is delayed, your situation could deteriorate quickly, with long term effects.

Our solicitors have experience helping people claim compensation after the misdiagnosis of:

  • Bacterial eye infections: these are sometimes mistaken for conjunctivitis
  • Detached retinas: the longer a detached retina is left undiagnosed, the harder it becomes to reattach
  • Glaucoma: damage caused by glaucoma is permanent, so it’s vital that doctors and ophthalmologists can diagnose its symptoms quickly
  • Giant Cell Arteritis (Also known as temporal arteritis): inflammation of blood vessels in the head – urgent treatment is usually needed to prevent total and permanent loss of vision in the affected eye

We could help you make a compensation claim if you feel you received substandard eye treatment – please call us on 0800 121 6567 to talk to one of our legal advisers, with no obligation to go any further at this stage.

Read More FAQs

Related Information - Ophthalmic Negligence Claims

Surgical Negligence - we're experienced at investigating surgical mistakes
Support and Rehabilitation Coordinators - our support and rehabilitation team can help you access a variety of care and support services
Asset Management - our dedicated Asset Management team can advise you on how to get the most out of your compensation award
Misdiagnosis Claims - if you’ve suffered due to an incorrect or delayed diagnosis, we may be able to help you claim compensation

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

*To make a No Win No Fee claim, you need to enter into an agreement that's linked to a suitable insurance policy. We'll explain this in more detail before we start your claim.

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