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Negligently performed eye surgery can cause significant problems for victims and are a common cause of medical negligence claims. Ophthalmic and laser eye surgery is particularly delicate surgery and includes corrective procedures such as cataract surgery, retinal surgery for diabetic conditions, reconstructive surgery and LASIK surgery (a type of laser surgery).

For the majority of people, undergoing corrective eye surgery is a positive experience and has improved their lives immeasurably. However, there are always risks in surgery and for some the experience has been problematic with very negative results. If you have suffered an injury or loss of sight following eye surgery or related treatment you may be entitled to compensation.

LASIK Eye Surgery

LASIK eye surgery is a procedure intended to correct common eye disorders known as refractive errors and eliminate or reduce the need for glasses or contact lenses. The delicate procedure involves the removal of superficial corneal tissue under a protective corneal flap. The removal of this tissue alters the curvature of the cornea, allowing better focusing of light on to the retina.

Pre-operative evaluation is very important before undergoing the procedure to identify risk factors. Crucially, the correct patient information must be inputted into the laser machine as incorrectly inputted information may result in over-corrective surgery leaving a patient with serious damage.

Risks and Potential Damage

Patients should be fully advised of the risks before undergoing surgery. Adverse outcomes include:

  • Pain and sensitivity
  • Infection
  • Rise in eye fluid pressure
  • Blurred and double vision
  • Corneal scarring
  • Complete loss of vision

Making a Claim*

Eye surgery claims involve allegations of surgical error, incompetent screening, failure to identify risk factors, and failure to advise of the risks. If you believe that you have had sub-standard ophthalmic or other eye treatment then you should seek legal advice as soon as possible.

Before pursuing a claim and issuing court proceedings it will be necessary to engage an independent medical expert to review your medical records and/or examine you for the purposes of furnishing a medical opinion. The expert opinion is used to support your claim and will need to show that the injury, loss and damage suffered by you could have been avoided if a more appropriate course of action had been taken.

Unlike other personal injury claims, medical negligence claims do not go through the Personal Injuries Assessment Board (PIAB) before proceedings are issued. Strict time limits apply so it is important to seek legal advice as soon as possible.

If you wish to discuss a potential claim or would like advice on any matter, please Contact Us for a consultation.

*in contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award of damages.

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