Laser eye surgery has transformed vision correction, but when mistakes are made, the results can be life-altering. If negligent laser eye surgery has caused you to suffer harm that should’ve been avoidable, you might be eligible to claim compensation. That is why we have created this guide explaining how to sue for laser eye surgery negligence.
This guide will explore the claims process from start to finish, including who can pursue compensation and what can constitute negligence. You’ll also learn about the evidence you might need and how you could make a claim with the help of a specialist solicitor from our expert panel.
What You Need To Know
- As a patient, you should be treated with a standard of medical care that meets minimum expectations.
- You will need evidence to support your claim for compensation.
- Compensation can cover your physical, emotional, and financial suffering.
- There is a 3-year time limit in which laser eye surgery claims usually need to start, although exceptions apply.
- A solicitor from our panel can work with you on a No Win No Fee basis.
Our advisory team works day and night to answer all queries. Whatever questions you might have, please contact us today to learn more about how to sue for laser eye surgery negligence:
- Call 0800 408 7827.
- Fill out our Contact Us form.
- Message in our live on-screen chat box.
Jump To A Section
- How To Sue For Laser Eye Surgery Negligence
- What Compensation Could Be Awarded In Laser Eye Surgery Claims
- How Long Do I Have To Claim For Laser Eye Surgery Compensation?
- What Are Some Examples Of Laser Eye Surgery Negligence?
- Evidence Needed For A Successful Laser Surgery Claim
- Can I Sue With A No Win No Fee Solicitor?
- More Information
How To Sue For Laser Eye Surgery Negligence
You might be eligible to sue for laser eye surgery negligence if you meet this eligibility criteria:
- A duty of care was owed to you.
- That duty was breached due to negligent actions/inactions.
- You suffered avoidable harm as a result.
All medical professionals (as well as facilities like hospitals) owe their patients a duty of care, regardless of whether they work in the public or private sector. This duty means they have a responsibility to provide medical care that meets the correct, expected standards. We’ll explain how someone might breach this duty of care and cause unnecessary harm shortly.
Am I Still Able To Sue If I Was Informed Of The Risks Before Surgery?
Yes, you may still be able to sue even if you were informed of the risks before surgery. Being warned of risks does not excuse a breach of duty of care or erase any avoidable harm that was the result of negligent treatment.
Consent forms typically list potential complications such as dry eyes, double vision, or under-correction, but this does not mean you consented to negligence. For example, if your eye surgeon used defective equipment or failed to check your medical records, leading to avoidable harm, this may be grounds for a claim.
Key differences:
- Known risks: Acceptable, provided the procedure was carried out correctly.
- Negligence: Unacceptable errors, such as operating on the wrong eye, failing to monitor complications, or using outdated techniques.
Call our advisors to share your experience and see if you have a case to claim compensation.
What Compensation Could Be Awarded In Laser Eye Surgery Claims?
In successful laser eye surgery claims, compensation may be divided into 2 parts:
- General damages – The physical and psychological impacts that have resulted from the negligent laser eye surgery.
- Special damages – The financial losses that have been caused by the harm.
The Judicial College Guidelines (JCG) is a resource commonly used by solicitors to help value general damages in medical negligence claims. It provides guideline compensation brackets based on the harm’s type and severity, such as those affecting the eyes and vision.
Below is a table showing some of those brackets. Please note that the top row isn’t from the JCG, and the table doesn’t guarantee compensation since all medical negligence claims are assessed on a case-by-case, including those involving laser eye surgery.
Harm Severity Guideline Compensation Brackets
Multiple severe types of harm and special damages (e.g. private medical care) Severe Up to £500,000+
Injuries affecting sight Total blindness (b) In the region of £327,940
Loss of sight in 1 eye and reduced vision in the remaining eye (i) £117,150 to £219,400
Total loss of 1 eye £66,920 to £80,210
Total loss of sight in one eye (e) £60,130 to £66,920
Serious but incomplete loss of vision in 1 eye (f) £28,900 to £48,040
Minor, permanent impaired vision in 1 or both eyes (g) £11,120 to £25,600
Facial disfigurement Very severe scarring £36,340 to £118,790
Significant scarring £11,120 to £36,720
What Factors Determine The Amount Of Compensation I Can Sue For?
Several factors can help determine the amount you might receive in an eye surgery negligence claim. For instance, general damages may consider the following:
- Severity of physical pain and vision loss.
- What your recovery period is and what kinds of treatment you need.
- The extent of the mental health impact (e.g. depression, anxiety, or emotional distress)
- Whether there are any long-term effects on daily life, career, or hobbies. This impact is referred to as a loss of amenity.
How Are Special Damages Calculated?
Special damages are calculated by using what evidence is available to verify the financial losses suffered by a claimant. That is why it is important to keep hold of any documents that might be potentially relevant, such as payslips, receipts, or invoices.
If you do have proof, you could claim for financial losses like the following:
- Lost income or reduced future earning capacity.
- Cost of private medical care, further surgeries, or prescriptions.
- Therapy or counselling if the laser eye surgery negligence resulted in psychological damage.
- Specialist equipment, such as canes, screen readers, and long-button telephones.
- Travel expenses incurred going to and from appointments.
- Home adjustments, ranging from grab bars and continuous handrails to accessible in-home displays and voice assistants.
Our advisory team is here 24/7, ready to answer any questions you have about compensation and the evidence you might need to prove financial losses. You can also discuss your personal circumstances and get a free eligibility assessment.
How Long Do I Have To Claim For Laser Eye Surgery Compensation?
In most cases, you have 3 years to start a laser eye surgery compensation claim. This time limit is set by the Limitation Act 1980 and usually begins either from:
- The date the negligent treatment occurred, or
- The date you first realised your eye damage was caused by negligent treatment (known as the date of knowledge)
There are specific circumstances where the time limit is paused:
- Children under 18 cannot start their own claim independently. The standard 3 years will take effect on a person’s 18th birthday, giving them until 21 to file a claim.
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Individuals who lack the mental capacity to make their own claims also have the time limit suspended. This pause is indefinite unless the person regains capacity, at which point the 3-year limit would begin from that date.
In each case, a litigation friend (such as a parent, guardian, or solicitor) can help claim on someone else’s behalf while time limits are on hold.
Speak with our team today to find out if you’re within the time limit to claim compensation. Our team can also tell you how to apply to be a litigation friend.
What Are Some Examples Of Laser Eye Surgery Negligence?
Below are some examples of laser eye surgery negligence and why they might lead to a compensation claim:
- Your eye surgeon doesn’t consult with your medical notes before an operation. Due to this, they perform laser surgery on the wrong eye, leading you to develop permanent double vision.
- Despite knowing a laser machine is faulty, the medical team goes ahead with your eye surgery. Subsequently, the equipment malfunctions, resulting in life-long reduced vision and facial scarring.
- A clinic doesn’t arrange pre-operative tests, which would have revealed that you have an eye condition that makes you unsuitable for surgery. This failure leads you to suffer severe vision loss and develop depression.
- You are discharged without proper aftercare or a scheduled follow-up appointment. This delays the diagnosis of an untreated infection, resulting in retinal detachment.
- The surgeon undercorrects your vision after failing to inspect the settings for the laser machine. This failure causes you to suffer blurred vision, requiring multiple follow-up procedures.
If any of these examples of laser eye surgery negligence sound familiar, you may have grounds to claim compensation. Even if your circumstances are different, please reach out to share your experiences. Our advisors are here to listen and help you take your first step towards making a claim.
Evidence Needed For A Successful Laser Surgery Claim
The evidence needed for a successful laser surgery claim must show how the case meets the eligibility criteria that you read about earlier. Examples can include:
- Medical records detailing your initial consultation, the procedure, and any post-operative care.
- Pre- and post-operative eye test results showing changes in vision.
- Contact details from friends, family, or clinic staff who observed your condition or treatment. They could provide a witness statement to your solicitor during the claims process.
- Photographic evidence of any visible harm or effects, such as ophthalmia or scarring.
- Independent medical reports from experts assessing the impact of the negligent treatment.
- Copies of correspondence between you and the facility where you suffered harm.
If you work with a solicitor from our panel, you’ll get all the assistance you may need with gathering evidence. You can find out more about what they can do to help build a strong, evidence-based case by speaking with our advisory team today.
Can I Sue With A No Win No Fee Solicitor?
Yes, you can sue with a No Win No Fee solicitor if you have an eligible case. We work with a panel of solicitors who handle eye surgery claims under a Conditional Fee Agreement (CFA), meaning you pay no fees upfront or throughout the claims process for the work done on your case. If your claim doesn’t succeed, you don’t pay any solicitor fees at all.
A small, capped percentage of your compensation will be deducted by your solicitor if the claim is successful. This is known as a success fee and is payment for their work. Not only does this arrangement mean clients keep the bulk of compensation, but it ensures everyone can benefit from the expertise of our panel of solicitors, no matter their financial situation.
With decades of combined experience, our panel of solicitors offers many advantageous services to their clients, including:
- Help with gathering evidence: From obtaining copies of medical records to collecting eyewitness statements, they understand just what it takes to build a strong claim.
- Handle negotiations: Their expertise and dedicated professionalism have helped them successfully negotiate compensation in claims across the country.
- Continuous support: Whether you’re unsure about a term or need straightforward advice, you’ll have a support system catered to your particular needs.
- Rehabilitation assistance: You can get help accessing private treatments and specialist rehabilitative care.
Contact How To Sue
You can contact our advisory team for free, compassionate guidance and to see if you have a case to claim compensation. Take the first step today and find out if you can be connected with a specialist solicitor from our panel who can support you from start to finish. Get in touch by using the following details:
- Call 0800 408 7827.
- Fill out our Contact Us form.
- Message in our live on-screen chat box.
More Information
If you found this guide on how to sue for laser eye surgery negligence helpful, you might also want to explore some of our similar guides:
- Find out about making a claim for doctor negligence.
- See how to sue for nerve damage compensation.
- Learn about claiming for a prescription error.
Additionally, you might also find these external resources to be of interest:
- NHS – Information about laser eye and lens surgery.
- General Medical Council (GMC) – Guidance for doctors on the several principles of decision-making and consent.
- GOV.UK – Overview of how to apply for Statutory Sick Pay (SSP).
For more information on how to sue for laser eye surgery negligence, please contact our 24/7 advisory team at a time that suits you.