Compensation for a Problem with Laser Eye Surgery

Is it possible to claim compensation for a problem with laser eye surgery if I have permanent dry eyes and double vision as a result?

It may be possible to claim compensation for a problem with laser eye surgery; however your eligibility to do so will be dependent on a number of factors. Firstly, if your surgeon made you aware of the risk of possible laser eye complications before you underwent surgery, having a successful claim may be difficult. Secondly, if the problems you experienced were due to a negligent laser eye surgeon, this may be difficult to establish.

Nevertheless, a laser eye surgeon, like with all medical practitioners, owe their patients a duty of care to provide them with the best possible care that is free from hazard. You should discuss your potential claim with a medical negligence claims solicitor at the first possible moment. After you inform them of the circumstances in which you experienced complications from laser eye treatment and the subsequent impact it has had on your life, they will inform you of the viability of your claim and advise you on how best to proceed.

To establish whether or not the surgeon was negligent, your solicitor will obtain any relevant medical notes and present these to an independent medical expert for examination. This expert will have to determine on the “balance of probabilities” if the dry eyes and double vision that you have been experiencing could have been avoided in alternative circumstances where a different course of action had been taken and if a different surgeon had been treating you. Based on what they conclude, your solicitor will decide if they will proceed with your claim for compensation for a problem with laser eye surgery. If they decide to proceed, your solicitor will send a letter of claim to the negligent party informing them that you are making a claim for laser eye complications against them.

If the negligent laser eye surgeon accepts liability, how much you should receive will be negotiated based on a number of factors such as your age, sex, the pain and suffering you have experienced, general damages and special damages. General damages will account for your pain and suffering in addition to any psychological injury suffered as a result of your laser eye surgery and any non-financial changes you have had to make to your life. If you can no longer work, play with your children or take part in any other everyday activities, you may be compensated for this. Special damages cover you for the financial effects your injury may have had on you. For instance, you could reclaim any financial losses if you have been rendered unable to work and any medical expenses incurred. If further treatment is needed to rectify your eye injuries, you may also be compensated for future pain and suffering and medical expenses that are likely to be incurred.

If you wish to claim compensation for a problem with laser eye surgery it is in your best interest to discuss this with a medical negligence claims solicitor who has experience in dealing with such claims. They will be able to provide you with far more specific legal advice and also inform you whether or not you have a claim that is worth your while to pursue. It is recommended that you do this at the first available opportunity.