Laser Eye Surgery Claims – How Much Compensation Can I Claim?
Am I Entitled To Make A Laser Eye Surgery Compensation Claim?
By Fern Mitchell. Last Updated 8th April 2021. Welcome to our guide on making a laser eye surgery claim and laser eye surgery compensation. On this page, you will find a full guide to the legal process of making a compensation claim for laser eye surgery that has gone wrong in some way, causing harm. Laser eye surgery is usually a very safe medical procedure, yet in some cases, it can go disastrously wrong, potentially causing total blindness at the most extreme end of the scale. If you have suffered harm through a botched laser eye treatment, you could be able to make a personal injury claim, and this guide will educate you about the process of making such a claim.
If you would rather talk over your claim, instead of reading this whole guide, you can call Legal Expert on 0800 073 8804 today, and we will do everything we can to help you begin a claim.
Select a Section:
- A Guide To Laser Eye Surgery Claim
- What Is Laser Eye Surgery?
- Common Laser Eye Surgery Risks You Could Claim For
- Am I Entitled To Make A Laser Eye Surgery Claim?
- Laser Eye Surgery Compensation Claim Case Study
- How Compensation Claims Are Calculated
- Laser Eye Surgery Compensation Settlements (Updated April 2021)
- No Win No fee Laser Eye Surgery Claims
- Why Make Your Laser Eye Surgery Claim With Legal Expert
- Talk To Our Team Today About Your Laser Eye Surgery Claim
- Useful Links
- Laser eye surgery claims- FAQs
A Guide To Laser Eye Surgery Claim
This guide to claiming compensation for laser eye surgery that has gone wrong is intended to educate people on the legal process that their solicitor will follow when making a claim on their behalf. It does not include a personal injury claims calculator tool, as we believe these to be far too inaccurate and that they give claimants entirely the wrong idea of how much they might receive in damages. Instead, we have published a table that shows the typical amounts paid for a range of associated injuries. So, as long as you are going to start making your claim before the personal injury claims time limit of three years, this guide should be of help to you. It contains information including:
- A description of what laser eye surgery is, how it works, what it is used for and also how it can go wrong, causing harm.
- A list of the common risks of laser eye surgery and how they occur.
- An examination of the eligibility of a person to claim for botched laser eye surgery and how this affects their ability to make a claim.
- A short case study, which shows how a person who suffered at the hands of a medical professional whilst undergoing laser eye surgery was successfully able to claim compensation.
- A list of many of the most common types of damages that a settlement for botched laser eye surgery might include.
- A table that details typical levels of damages for a range of injuries that could be caused by botched laser eye surgery.
- Information about the Conditional Fee Agreement (CFA) that Legal Expert offers all residents of the UK as the simplest way to make a claim for botched laser eye surgery.
When you reach the bottom of this guide, you might need some additional information on making a laser eye surgery claim. If you do, please give Legal Expert a call on the number in the first section of this guide, and we will do all we can to help you.
What Is Laser Eye Surgery?
Before you engage a personal injury lawyer to make a claim for laser eye surgery compensation, it is important that you know exactly what this medical procedure is so that you can decide whether you actually have a valid reason to make a claim.
Laser eye surgery is an invasive medical procedure that can be used to correct a number of common sight problems. It is a viable alternative to wearing glasses or using contact lenses for some people.
The main type of procedure used by medical professionals to correct eyesight is laser in-situ keratomileusis (LASIK). A laser is used to change the shape of the cornea. This works in the same way as having a glass lens put in front of the eye when wearing glasses. It changes t focus of the eye.
Laser eye surgery is not seen by the National Health Service (NHS) to be a required treatment. Cheaper options such as corrective glasses are available on the NHS, but laser eye surgery is not. This means that laser eye surgery in the UK is always carried out by a private healthcare provider. There is no requirement for a medical professional to be qualified as a surgeon; they only need to be a qualified doctor.
If you have suffered harm due to laser eye surgery that has gone wrong, Legal Expert can likely help you to make a laser eye surgery claim. Call us on the telephone number down at the bottom of this page to proceed.
Common Laser Eye Surgery Risks You Could Claim For
For most people, laser eye surgery is a trivial procedure, which is completed successfully and painlessly. However, in some 5% of cases, some form of laser eye surgery negligence takes place, causing harm to the patient. In these cases, a personal injury solicitor should be able to claim compensation on behalf of the patient. Some of the more common negative effects that laser eye surgery can have on a patient’s vision are:
- Blindness – ranging from partial blindness in one eye up to total blindness in both eyes.
- Bad night vision – where the person’s eyes are no longer able to take in as much light as before, making seeing in the dark less effective.
- Scarred cornea – leaving the patient with visible artefacts on their cornea, which will affect their vision.
- Inflammation of the eye – sometimes bad enough to cause the eyes to close up completely.
- Light sensitivity – causing the patient to suffer an uncomfortable reaction when confronted with bright or glaring light.
- Double vision – causing the patient to see a double or ghosted image laid over the correct one.
- Dry eyes – where the patient’s tear ducts have been damaged, reducing their ability to produce needed moisture.
No matter what type of effect a botched laser eye surgery procedure has had on you, Legal Expert should be able to help you claim laser eye surgery compensation. Call us on the phone number down at the bottom of this guide to find out how.
Am I Entitled To Make A Laser Eye Surgery Claim?
Taking a look at the graph above, we can see that just over 95% of people who undergo laser eye treatment are entirely satisfied with the results of the procedure. This means that something like 5% of people are not, and many of these could be able to make a laser eye surgery claim for laser eye surgery compensation.
Most claims will revolve around clinical negligence on the part of the doctor who administered the procedure. Every medical professional has a duty of care towards their patients, and when they fail in this duty of care through mistake, accident, oversight or omission, causing harm to the patient, clinical negligence will have occurred. Some of the ways that clinical negligence can take place, leading to a person suffering harm through laser eye surgery, are:
- Their optician failing to send them to the proper specialist to deal with their eye condition, resulting in the receiving laser eye surgery that was not recommended in their case.
- An optician entirely failing to notice symptoms such as a detached retina after the procedure, and therefore failing to provide suitable treatment for the injury.
- An optician recommending that their patient submits to a laser eye surgery procedure, which is actually the wrong course of treatment in their case.
If you have suffered through medical negligence on the part of your optician or another medical professional, let Legal Expert help you claim compensation for it by calling us on the telephone number at the bottom of this guide to get the ball rolling.
Laser Eye Surgery Compensation Claim Case Study
Being referred for laser eye surgery when it is, in fact, not a suitable course of treatment in your specific case is one of the main risks of laser eye surgery. This short case study follows just such a situation.
In this case, a man was undergoing examination in a London based opticians practice to discern whether laser eye surgery was a viable treatment to correct his sight. The victim explained to the optician examining him that he had been advised after a similar examination in South Africa that laser eye surgery was not recommended in his case due to him having an uneven cornea.
The results of an orb scan clearly confirmed that the patient suffered from an uneven cornea, as he had previously been advised in South Africa. However, despite these negative results, the optician still referred the victim to a specialist to perform laser eye surgery.
Several months after receiving laser eye surgery, the victim’s sight had deteriorated significantly. An INTACS implant was attempted but failed to solve the problem. The victim worked in an IT related job role and was no longer able to use a computer monitor and therefore could not work. Furthermore, it was expected that his vision would continue to get worse over time. A personal injury lawyer was subsequently able to claim a total of £90,000 in compensation for medical negligence for the victim. It was noted during the claim that the optician had failed in their duty of care by recommending that the patient undergo an invasive procedure that they clearly were not suited for. The optician admitted liability in the case, and the claim was settled swiftly.
Legal Expert has a track record of successfully winning medical negligence claims on behalf of our clients, and we can do the same for you. Call us on the telephone number located towards the bottom of this guide and learn how we can help you.
How Compensation Claims Are Calculated
When it comes to claiming for laser eye surgery cost, UK residents can typically claim the money they have spent on the private treatment back as part of their overall settlement. If they fell foul of laser eye surgery risks due to medical negligence, then their settlement will include far more than simply the cost of the treatment being claimed back. Typical examples of the types of damages a person might claim are covered below.
What are Special Damages?
Special damages pertain to all the financial and other losses associated with the claim that is non-physical. This often includes, but is not limited to:
- Loss of current earnings – if the victim has had to take some time away from work and has therefore lost out financially.
- Loss of future income – if the victim has a reduced ability to perform their normal job in the future due to the problems with their sight. They may need to stop working entirely or change into a less well-paid career.
- Medical fees – this would include the cost of having the private laser eye surgery performed and also any other medical costs they have incurred due to the injury.
- Travel costs – if the victim has had to pay to travel to have the injury treated or to deal with any part of their compensation claim.
- Ad-hoc losses – for example, if the victim had booked a plane flight that they had to miss due to their medical condition, and they were not given a refund.
What are General Damages?
General damages pertain to all the physical ways that a person has suffered due to clinical negligence and botched laser eye surgery. This often includes, but is not limited to:
- Permanent disabilities – for example, if the victim is left either partially or completely blind in either or both eyes, which will vastly reduce their quality of life permanently.
- Long-term ailments – for example, if the victim is left either partially or completely blind in either or both eyes, which will vastly reduce their quality of life for a long time before they heal fully.
- Psychological injuries – caused by the mental trauma of having vision problems, such as depression, post-traumatic stress disorder, anxiety or developing new phobias.
- Pain and suffering – caused by the initial botched laser eye surgery and any further treatment that is tried to correct the problems caused by the procedure.
Laser Eye Surgery Compensation Settlements (Updated April 2021)
Although when it comes to laser eye surgery, NHS doctors do not perform this procedure for free, if you were to check laser eye surgery reviews, you would find that some less dependably clinics offer a heavily discounted service. Using such a cheap private healthcare provider could see you more prone to suffer harm due to clinical negligence. If you do, then the amount you could claim in compensation would be similar to those in the table below:
|Eye||Total blindness||Complete loss of sight permanently in both eyes.||In the region of £252,180|
|Eye||Loss of Sight in One Eye with Reduced Vision in the Remaining Eye||Where there is serious risk of further deterioration in the remaining eye.||£90,100 to £168,730|
|Eye||Loss of Sight in One Eye with Reduced Vision in the Remaining Eye||Where there is reduced vision in the remaining eye or additional problems such as double vision||£60,010 to £99,440|
|Eye||Loss of an eye||Complete loss of one eye.||£51,460 to £61,690|
|Eye||Complete loss of sight permanently in one eye.||The upper end of the bracket is appropriate where there is scarring in the region of the eye which is not sufficiently serious to merit a separate award.||£46,240 to £51,460|
|Eye||serious but incomplete loss of vision in one eye||Cases of serious but incomplete loss of vision in one eye without significant risk of loss or reduction of vision in the remaining eye.||£22,230 to £36,960|
|Eye||Minor but permanent impairment of vision in one or both eyes,||Minor but permanent impairment of vision in one or both eyes, including cases where there is some double vision, which may not be constant||£8,550 to £19,690|
|Eye||Minor||Short-term injuries that disrupt vision but heal entirely.||£3,710 to £8,200|
|Eye||Transient||Very brief, almost negligible eye injuries.||£2,070 to £3,710|
|Psychiatric Damage||Severe||In these cases the injured person will have marked problems with respect to life, education and work and the prognosis will be very poor.||£51,460 to £108,620|
|Psychiatric Damage||Moderately Severe||In these cases the injured person will have significant problems with respect to life, education and work but the prognosis will be better than above||£17,900 to £51,460|
|Psychiatric Damage||Moderate||In these cases the injured person will have had some problems with respect to life, education and work but there will have been marked improvement and the prognosis will be good.||£5,500 to £17,900|
No Win No Fee Laser Eye Surgery Claims
Legal Expert has come up with a risk-free way to claim back the laser eye surgery cost and also additional types of damages to compensate you for clinical negligence. This is a No Win No Fee style of claims service that works like this:
- Call Legal Expert at the number below so we can ask you some questions about your case and then give you some free legal advice on what to do next.
- In most cases, we will advise you to use our claims service to make a claim.
- Pay nothing to start your claim.
- Pay no ongoing costs even if your claim takes many months to complete.
- Pay nothing at all if we actually can’t claim compensation for you.
- Receive a compensation payment and then pay our fees.
Why Make Your Laser Eye Surgery Claim With Legal Expert
To answer the questions, “Is laser eye surgery safe?” you need to know that in about 5% of cases, clinical negligence causes harm to the patient. If you have suffered a laser eye surgery injury due to medical negligence, Legal Expert can help you make a compensation claim.
We have a proven track record of making successful negligence claims on behalf of our clients, and we can do exactly the same for you. We use simple, easy to understand English to explain complex legal facts. We keep you fully informed of everything we are doing for you at every stage of your claim, and we always aim to get you the most compensation possible.
Talk To Our Team Today About Your Laser Eye Surgery Claim
Have you suffered a botched laser eye surgery procedure? Did the laser eye surgery injury treatment fail to correct the problem? If so, you could seek a laser eye surgery settlement. Legal Expert can help you to do this; all you need to do to start things moving forward is to call us on 0800 073 8804 now. Once we know a little more about your case and how it came about, we will then offer you some completely free legal advice on what we think you should do next, and you will be under no obligation to take things further than this if you do not want us to claim on your behalf.
Below you will find a link that leads to a full guide to making compensation claims for instances of medical or clinical negligence:
Below you will find a link that leads to information published by the NHS about laser eye surgery, what it is, how it works, and what it is often used for:
Below you will find a link that leads to UK Government information that pertains to the use of lasers and how to use them safely.
Can I claim against laser eye surgery that’s gone wrong?
Yes. If your injury was caused by negligence caused by a third party, you may be able to claim compensation.
What are the long-term effects of laser eye surgery?
In some cases, people who undergo laser eye surgery can suffer from potential risks such as vision loss, eye infections and detached retinas.
How long can I claim for laser eye surgery?
The personal injury claims time limit for laser eye surgery is three years from the date of the procedure, or from the date you knew your injuries were related to your surgery.
How much could I receive in a laser eye surgery claim?
This depends on the effects that you have noticed. Complete loss of vision will attract a higher compensation award than transient eye issues. To get the maximum compensation you’re owed, you should collect as much evidence as possible surrounding your case.
How long does a laser eye surgery claim take?
This depends on a number of factors. If your injuries were particularly severe, or if there’s some dispute over liability, then this could mean the claim takes longer than it would otherwise.
Is laser eye surgery painful?
You shouldn’t feel any pain during laser eye surgery, but you may feel some pressure on your eyes.
How long does laser surgery take to heal?
Depending on the kind of surgery you’ve undergone, it can take from 24 to 48 hours to 7 days to heal fully.
What can be included in a laser eye surgery claim?
As well as the pain and suffering payment for your injuries known as general damages, your claim can also include things like loss of earnings for time off work or travel costs to medical expenses.
Can I make a laser eye surgery claim myself?
Yes, you can, although you will find that having medical negligence solicitors work on your behalf increases your chances of success and helps the process run more smoothly.
Thank you for reading our guide on laser eye surgery claims and laser eye surgery compensation.