Learn If You Are Eligible To Make An Ophthalmic Negligence Claim

When undergoing eye treatment, patients should expect safe and professional care. However, if ophthalmic negligence does occur, whether through medical misdiagnosis, delayed diagnosis or negligent eye surgery, the consequences could be devastating. Whether treating conditions such as macular degeneration or cataracts, negligent errors by medical professionals could lead to physical and permanent sight loss.

This guide starts by looking at what ophthalmology is. It also explains your rights and how to start a clinical negligence claim. You can also find examples of claims you could make, the consequences of negligent ophthalmology and who you could claim against. Towards the end of our guide, you can find information on calculating compensation and how a specialist solicitor from our panel could help you.

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What Is Ophthalmology?

Ophthalmology is a branch of medicine which deals with the prevention, diagnosis and treatment of eye conditions. Doctors working in the branch of medicine are referred to as ophthalmologists. They may provide patients with surgical and non-surgical treatment for conditions affecting sight, eye health and the surrounding structures.

Ophthalmology may involve the treatment or management of conditions including:

When an ophthalmologist fails to meet professional standards, negligent treatment can lead to a condition becoming worse or permanent damage to the eyes.

If you have suffered ophthalmic negligence, you may be eligible to make a compensation claim. Continue reading this guide to learn when your case may be valid, or contact our advisors today.

Who Can Make Ophthalmic Negligence Claims?

Anyone who has suffered unnecessary or avoidable harm may have grounds to make a medical negligence claim. However, it is important to note that not all instances of a patient being harmed may lead to valid claims. You will also need to prove that your ophthalmologist breached their duty of care.

All medical professionals, such as doctors and ophthalmologists, have a duty of care to provide their patients with the minimum standard of care. The Royal College of Ophthalmologists provide some standards and guidance for ophthalmologists to adhere to to maintain their duty of care.

Ophthalmic negligence claims may be made where:

  • A medical professional, such as an ophthalmologist, owed a duty of care,
  • This duty of care was breached
  • This led to you suffering avoidable or unnecessary harm.

Claiming On Behalf Of Someone Else

In certain circumstances, you may be able to make a claim on behalf of another person. This includes cases where the claimant is:

  • A minor (under the age of 18)
  • Lacking the mental capacity to manage their own claim

In such cases, a parent, guardian, close friend or medical negligence solicitor could be appointed by the courts as a litigation friend. This allows someone to represent the individual harmed in their claim.

If you have any questions about making your own ophthalmic negligence claim, or about claiming on behalf of another, you can contact our advisors.

A woman is treated for an ophthalmic condition.

Examples Of Medical Negligence Eye Claims

There are various examples of medical negligence eye claims that could be made. We have set out some examples below.

Undiagnosed Eye Conditions

Early diagnosis and treatment of eye conditions can be important. If an eye condition goes undiagnosed, it may result in avoidable complications, the need for further treatment and even loss of vision. Eye conditions may go undiagnosed due to a failure to diagnose, misdiagnosis or a medical professional overlooking a condition.

Examples of conditions going undiagnosed may include:

  • Diabetic retinopathy – failing to monitor abnormal blood vessels could lead to the condition escalating, permanently affecting the individual’s sight.
  • Glaucoma – an Ophthalmologist may miss that a patient has high eye pressure during a routine test. The condition may become worse, and the optic nerve may be damaged, causing permanent vision loss.

Delayed Eye Treatment

Getting treatment as soon as possible is important for many ophthalmic conditions. Unnecessary delays in diagnosis or treatment due to negligence could lead to worsening symptoms, permanent sight loss and other avoidable complications.

Examples of delayed eye treatment may include:

  • A lack of follow-up care following ophthalmic surgery – doctors or nurses may not see the signs of post-surgical complications, such as changes in vision or excessive inflammation during a patient’s follow up care. Further treatment may subsequently be delayed, resulting in damage to the eye.
  • Delayed treatment of an infection – where a medical professional failed to spot the signs of an infection, such as redness around the eye or discharge. Delays to getting the right medication could lead to corneal damage.

Errors In Ophthalmic Surgery

Ophthalmic surgery may be used in the treatment of cataracts, such as through the use of laser eye surgery, corneal transplants and for other conditions. Surgical negligence could have a serious impact on patients, causing scarring, visual impairment or even blindness.

Examples of errors in ophthalmic surgery may include:

  • Negligent cataract surgery – a surgeon uses the wrong lens implant. The patient may experience pain and blurry vision and could require further corrective surgery.
  • Laser eye surgery negligence – a surgeon may fail to properly adjust the laser settings during LASIK surgery. This could lead to an overcorrection or undercorrection of the patient’s vision, resulting in severe dry eye syndrome and worsened vision. Patients may require further corrective treatment.

Glaucoma

Early diagnosis and treatment is essential in preventing long-term eye damage. Delays in diagnosing or treating glaucoma could have a significant impact on a patient’s eye health. This may lead to optic nerve damage and sight loss.

Examples of glaucoma negligence may include:

  • Medication errors – such as being given the wrong medication or an incorrect prescription, could cause symptoms to worsen, leading to permanent harm.
  • The failure to refer – failing to refer a patient for further specialist assessment. A medical professional may identify warning signs but fail to refer the patient for additional tests or treatment, delaying diagnosis and the start of treatment.

Retinal Detachment

Retinal detachment is a medical emergency requiring immediate treatment. If a doctor fails to diagnose the condition and provide treatment, the patient could lose all sight in the affected eye

Examples of negligent retinal detachment care may include:

  • Failure to recognise the signs of retinal detachment – including signs such as blurred vision or floaters. This could lead to a permanent deterioration in the person’s vision.
  • Surgical errors – negligent vitreoretinal surgery could lead to the detachment becoming worse and an increased risk of total loss of sight.

These are just some examples of when claims for ophthalmic negligence could be made. Whether your circumstances have been discussed above or you suffered harm in a different way, please contact our team to find out if you could claim compensation.

The Consequences Of Negligent Eye Treatments

The consequences of negligent eye treatment could range from temporary to permanent. They may have a serious and life-changing impact on your sight and quality of life. Changes to your vision could make daily tasks, such as work, travel or household chores harder to complete independently.

Potential consequences may include:

  • Ptosis (drooping eyelid) – this occurs due to the levator muscle being damaged. It may occur during surgery or improper treatment. It can affect both your sight and facial symmetry.
  • Eye infections – these may be caused by poor post-surgical care. Infections such as endophthalmitis could develop, leading to pain and loss of sight.
  • Scarring – surgical negligence could cause permanent scarring, damaging your sight as well as your appearance.
  • Dry eye syndrome – being prescribed the wrong medication or errors during laser eye surgery could damage tear glands, resulting in chronic dry eyes, discomfort and irritation.

To see if you could be eligible to make an ophthalmic negligence claim, contact one of our advisors today.

Can Eye Claims Be Made Against The NHS?

You could make an ophthalmic negligence claim against the NHS if you can prove that negligence took place.

Regardless of whether you were treated by the NHS or a private healthcare provider, you are owed the same duty of care. If a medical professional in either of these settings breaches their duty of care and this causes you to suffer unnecessary harm, you could be eligible to claim compensation.

Contact our advisors today to discuss your case and have any questions you may have answered.

Compensation Amounts For Ophthalmology Claims

Compensation amounts awarded for ophthalmic negligence claims are unique to the individual circumstances of the individual case. For example, according to the Judicial College Guidelines (JCG),  around £327,940 could potentially be awarded for cases where the person has suffered total blindness.

However, all successful claimants will receive general damages. This compensates you for the pain and suffering you have endured due to ophthalmic negligence. The JCG may be referred to when this is being calculated.

We have listed some of the JCG’s figures in the table below, aside from the first entry.

HarmSeverityNotesCompensation
Multiple forms of severe harm with special damagesSevereCompensation for multiple forms of harm with special damages, such as lost earnings and medical expenses.Up to £1,000,000+
Injuries affecting sight(b) Total blindness.Total loss of sight.Around £327,940
(c) Loss of sight in one eye with reduced vision in the remaining eye (i)There is a serious risk of further deterioration in the other eye.£117,150 to £219,400
(c) Loss of sight in one eye with reduced vision in the remaining eye (ii)Reduced sight in the remaining eye and/or further problems, including double vision.£78,040 to £129,330
(d) Total loss of one eye.Compensation is based on age as well as cosmetic and psychiatric consequences.£66,920 to £80,210
(e) Loss of sight in one eye.At the higher end of the bracket, there may also be scarring.£60,130 to £66,920
(f) Serious but incomplete, loss of sight.Affecting one eye.£28,900 to £48,040
(g) Minor but permanent impaired sight.Affecting one or both eyes.£11,120 to £25,600

How Is Ophthalmic Compensation Calculated?

Ophthalmic negligence compensation may be calculated taking several different factors into account, such as:

  • The severity of harm suffered
  • Your prognosis
  • If any psychological effects were also suffered
  • Whether any financial losses were also suffered.

Will Compensation Pay For Any Loss Of Income?

Yes, if medical negligence affected someone’s ability to work, they could be compensated for lost income and earnings. Compensation paid out for lost earnings falls under special damages. Special damages is awarded for any financial losses suffered due to the negligence and could also be awarded for:

  • Medical expenses, such as prescription or private healthcare treatment
  • Care costs
  • Travel expenses
  • Childcare costs
  • Mobility aids
  • Home adaptations

It is important that you collect records and evidence proving your losses. This may include copies of relevant payslips, invoices and bank statements.

If you have been impacted by ophthalmic negligence, you may have grounds to claim compensation. Talk to our team to see whether you may have a valid claim today.

A person has had treatment for an eye condition.

What Evidence Can Prove Ophthalmic Negligence?

Evidence that could prove ophthalmic negligence could include:

  • Your medical records detailing any diagnosis, treatments and scheduled surgeries.
  • The contact information of anyone who witnessed the care you received, such as a family member or other medical professional.
  • Photographs of any visible effects, such as scarring or redness in the eyes.
  • A diary detailing the symptoms you have experienced.

Your case may also be subjected tot he Bolam Test where a panel of medical professionals in the same field will asses whether you received the correct standard of care.

For further help collecting evidence, please contact our team today. An advisor could connect you to a solicitor from our panel who could help support your claim.

The Ophthalmic Negligence Claim Time Limits

There is a 3-year time limit to make an ophthalmic negligence claim. This is set out under the Limitation Act 1980 and runs from:

  • The date of negligence – the date the incident occurred.
  • The date of knowledge – when you first became aware that negligence took place.

Exceptions may apply where a claimant is:

  • A child – the 3-year time limit will not begin till the child turns 18.
  • A person with reduced mental capacity – the time limit would only be reinstated if the person regained this capacity, and would run from this date.

As previously mentioned, in either of these cases, a litigation friend could claim on their behalf.

Please note that there is no time limit on how long a claim may take to conclude. To learn more about how long you have to claim and how long a claim may take, please contact one of our advisors.

Get Free Advice From Medical Negligence Claims Care

You can get free advice on making a medical negligence claim, such as an ophthalmic negligence claim, by contacting our advisors here at Medical Negligence Claims Care. Our advisors can also help answer any questions you may have, assess the eligibility of your case and also potentially connect you with a solicitor on our panel.

The solicitors making up our panel work on a No Win No Fee basis. The terms on which they would provide services under is set out within the  Conditional Fee Agreements Order 2013 (CFA).

Under the terms of a CFA:

  • You would not expect to make any payments for your solicitor’s services either prior to them starting work on your case, or whilst it is in progress.
  • You will not pay for their work should your claim be unsuccessful.
  • If you do win your claim, your solicitor would deduct a success fee from your compensation. The percentage of this fee is legally capped, meaning you will keep the majority of your compensation.

Contact Us Today

If you have any questions, or would like to discuss your potential claim today, you can contact one of our friendly advisors:

A solicitor helps someone claim for Ophthalmic Negligence.

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