Eye Injury Claims
Eye injuries can have long-lasting and sometimes life-changing impacts, leading to you having to make unexpected changes to your way of living or working. If you or a loved one has suffered an eye injury that you believe is due to medical negligence, you may have a case to claim for compensation. Our knowledgeable team at Elite Law Solicitors have years of experience in handling eye injury claims against hospitals and medical professionals. If you are considering a compensation claim, we can support you to ensure you receive the best possible treatment and the ideal care for your future.
Eye injury solicitors for medical negligence cases
Our solicitors are mindful of the importance of having good eyesight. We strive to provide the best service to the client as we are aware that most eye injury claims are permanent, and this often has a wider impact to the affected person and the family. This can include loss of work, limited ability to walk (assisted with a walking stick), drive, ongoing care and assistance and mental health rehabilitation.
Who can make an eye injury compensation claim?
If you have suffered an injury to one or both eyes as a result of clinical negligence, you may be able to claim compensation yourself for the ongoing care and loss of earnings caused by this damage. The injury you experience could be caused by failure to take action, prescribing incorrect medication or dosage, or direct damage during surgery. Alongside claiming for yourself, you may also be able to claim for your child under the age of 18 if they have received damage or injury to their eyes because of medical negligence.
What is the process for eye injury claims?
The process for making any compensation claim starts with choosing a solicitor to support you and build evidence for your case. From this point, your solicitor will gather comprehensive evidence to support your claim, including collecting witness statements, gathering medical information and hiring an unbiased medical professional to complete a thorough examination. Once this is complete, a Letter of Claim is sent to the hospital or doctor detailing why you believe your eye injury is the result of clinical negligence.
Once your solicitor sends the Letter of Claim, the medical practice or hospital has three months to complete its own investigation and respond. At this point, they may agree to a set amount of compensation. If no amount is decided on or they deny medical negligence, the case may continue in court. From there, the court will make a decision over who is at fault and award compensation based on the evidence and facts presented.
Common types of eye injury caused by clinical negligence
Eye injuries can be highly varied and caused by a range of different factors. As such, each claim is unique and requires in-depth understanding and evidence gathering to ensure your compensation is calculated accurately. Some of the most common types of eye injuries caused by medical negligence include:
- Scratches and damage to the cornea
- Problems with tear ducts
- Difficulty with eye muscles
- Foreign bodies in the eye
- Damage caused by a laser eye treatment
- Retina detachment
- Short-term blindness or reduced vision
- Long-term blindness or reduced vision
- Blind spots in the eye
- Sensitivity to light
- Chronic eye pain
Eye injuries can have a direct impact on the capability and well-being of an individual. The variations in the severity of most eye conditions, from health problems that will heal to lifelong vision loss, make it essential for a thorough investigation to be completed with a medical specialist for your case. For example, in some cases, retinal detachment may be resolved with future eye surgery, but this may not be possible in other cases.
What are the causes of eye injury in medical negligence cases?
The types of eye injury you may receive from medical negligence are extremely varied and can be caused by multiple failures by medical professionals, clinics or hospitals. For instance, you could claim a specialist laser eye surgery clinic for damage caused to your vision without being informed of potential risks. The primary causes of eye injury claims for clinical negligence include:
Failure or delay by medical professionals
Delaying medical treatment or failing to refer a patient to the correct specialist can cause long-lasting eye injuries. For instance, if you visit an optician and they notice a sign of swelling in your eye but do not refer you for prompt medical care with a trained professional, this could lead to health concerns that would have been resolved without that failure. In these cases, solicitors will gather evidence of a failure by a medical professional to refer for further medical treatment as a part of your claim.
Prescription of incorrect medication or dosage
Prescribing the wrong dosage or type of medication can lead to health problems relating to the eyes. For example, if you are prescribed the wrong eye drops for a health condition, this could lead to temporary blindness or long-term problems with your vision. In cases like these, a solicitor will investigate why an incorrect medicine was provided and gather evidence to prove that medical negligence led to your eye injury.
Surgical mistakes and clinical errors
Surgical mistakes and clinical errors are frequent causes of eye injuries. For instance, claims against laser eye surgery clinics for errors resulting in vision problems and blindness are increasingly common for many solicitors as more people consider eye surgery to correct their vision. Other medical eye surgeries such as cataract removal, retinal detachment treatment or macular degeneration surgery are common claims for medical negligence, typically due to accidental damage or error during the surgical process.
How much compensation am I entitled to for an eye injury claim?
Eye injury claims can be highly complex. As such, there is no standard amount of compensation you may receive from your claim, with the amount specified on a case-by-case basis. For example, if you have experienced temporary vision loss and would like to make a claim for loss of work during recovery. This claim may have a different compensatory outcome to a case where someone has lost their vision permanently, leading to significant changes in their needs and care requirements. An experienced eye injury solicitor will work with you to investigate your case and decide on reasonable compensation based on your particular health and circumstances.
What help is available following an eye injury?
If an eye injury is likely to lead to either short or long-term care requirements, this is considered part of your compensatory claim. Your solicitor investigates any of the lasting effects, along with an impartial medical professional, to determine what should be included in your claim. For instance, your compensation may consist of coverage for the following:
- Care and support costs
- Specialist equipment, such as home adaptations and visual aids
- Ophthalmology treatment as required
- Travel and therapy expenses
- Loss of earnings
- Physical and psychological pain and suffering
In children with eye injuries, you may be advised to wait several years to make a claim to understand how their vision is affected due to medical negligence. For example, in cases where a person may have limited vision rather than blindness that can be confirmed through medical testing, you may be advised to wait until their vision can be tested appropriately. If you take this route, you may be able to claim interim payments, if particular care and resources are required for their health while the case is ongoing.
Can I make a “No Win No Fee” eye injury claim?
Our expert team of eye injury solicitors handles the majority of our clinical negligence cases on a no-win, no-fee basis, which means you will not need to cover your costs of making a claim up-front in most cases. We have extensive experience in medical negligence compensation cases, allowing us to provide specialist support and guidance throughout your claim. We support our clients to gain peace of mind and rebuild their lives following life-changing or complex injuries that could have been avoided.
What is the time limit for bringing eye injury claims?
You will typically have three years to make a claim following an injury, and in most cases, it is better to start the process sooner rather than later. If you would like to claim on behalf of a child or dependent, you will have until the child reaches the age of 18 to claim on their behalf. Once they are above eighteen, the three-year claim time frame applies if they would like to claim compensation themselves. If an individual is deemed not to have the capacity to make a claim, this time limit can be extended indefinitely.
Get in touch with our eye injury solicitors
If you are looking to instruct appropriately qualified and experienced eye injury claims lawyers, our team at Elite Law Solicitors can help. Contact us today by calling 0800 086 2929, emailing email@example.com or by completing our Free Online Enquiry Form and talk your potential claim through with one of our friendly and knowledgeable staff members.