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Laser Eye Surgery Claims – How Much Compensation Can I Claim?

By Danielle Jordan. Last Updated 4th December 2023. On this page, we explain laser eye surgery claims and everything worth knowing about laser eye surgery compensation. Here you’ll find a full guide to the legal process of making a compensation claim for laser eye surgery that has gone wrong in some way due to negligence by another party, causing harm in the process.

Some people may ask “is laser eye surgery safe?” and the answer is that it usually is a very safe medical procedure. On rare occasions, however, something could go potentially wrong, leading to injuries to the patient. 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.

laser eye surgery claims and laser eye surgery compensation

Laser eye surgery claims

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. You can also reach us online using our contact form

Select a Section:

  1. Eye Injury Claim – Am I Entitled To Claim?
  2. Laser Eye Surgery Claims – Time Limits
  3. Evidence That Can Support Laser Eye Surgery Claims
  4. Laser Eye Surgery Gone Wrong – Compensation Examples
  5. No Win No Fee Laser Eye Surgery Claims

Eye Injury Claim – Am I Entitled To Claim?

If you have suffered unnecessary harm during laser eye surgery, you could potentially make an eye injury claim. However, you would need to prove that you were injured due to a breach of duty of care.

Medical professionals are expected to deliver a minimum standard of care. Clinical negligence can take many forms, including misdiagnosis, wrong diagnosis and delayed treatment.

If you have a valid claim for eye injury, our solicitors at Legal Expert could support you. Our specialist solicitors have years of experience in helping clients make successful eye injury claims and could guide you through the entire process.

Laser Eye Surgery Claims – Time Limits

Generally, there is a three year time limit in which you must start a claim. This is under the Limitation Act 1980.

There can be exceptions to this rule. For example, if a claimant was under the age of 18 when they suffered from laser eye damage, they would not be able to pursue a claim until they were 18, at which point they would have until they were 21 to begin a claim.

The time limit is suspended indefinitely for someone who lacks the mental capacity to claim. It would only begin if they regained their mental capacity.

A litigation friend may be enlisted to start a claim on the behalf of someone who lacks the mental capacity or a child.

Speak to our advisors to find out how you can work with the best medical negligence solicitors near you for laser eye surgery claims.

Evidence That Can Support Laser Eye Surgery Claims

A valid medical negligence claim should be supported by evidence that can prove laser eye surgery has gone wrong and you were harmed unnecessarily as a result. If you cannot provide supporting evidence, your claim is unlikely to be eligible for compensation.

Therefore, to prove medical negligence, you may consider collecting evidence such as:

  • Any written correspondence between you and your opticians, including e-mails
  • Medical records that can show you have had treatment for your laser eye damage
  • Photographs of your affected eye A diary of your symptoms to show how you have been affected
  • Proof of any special damages, i.e. receipts for any medication you have bought to alleviate symptoms

Get in touch and our advisors can offer you free insight into other evidence you could obtain. Alternatively, continue reading to find out how our No Win No Fee solicitors can help you gather evidence during the medical negligence claims process.

Laser Eye Surgery Gone Wrong – Compensation Examples

If your medical negligence claim has a successful outcome, your laser eye surgery compensation may consist of two parts: general and special damages.

General damages compensate for the mental suffering and physical pain that has been caused by the medical negligence. To help value general damages, those responsible for evaluating your claim may refer to the compensation brackets found in a text titled the Judicial College Guidelines (JCG). The JCG lists different types of injuries and illnesses alongsideguideline compensation brackets.

Our table below looks at a few figures from the 16th edition of the JCG that could be relevant for claimants hurt by laser eye surgery. As every claim is valued on its individual merits, the table is only provided to help you understand how general damages is awarded. Furthermore, it should be noted that the first entry has not been taken from the JCG.

Edit
Injury Severity Notes Amount
Multiple serious injuries with special damages Very severe Payouts could include compensation for multiple injuries of a very serious nature, plus incurred expenses, such as home adaptations, lost wages and therapy. Up to £1,000,000+
Eye Total blindness Complete loss of sight permanently in both eyes. In the region of £268,720
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. £95,990 to £179,770
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 £63,950 to £105,990
Eye Loss of an eye Complete loss of one eye. £54,830 to £65,710
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. £49,270 to £54,830
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. £23,680 to £39,340
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 £9,110 to £20,980
Eye Minor Short-term injuries that disrupt vision but heal entirely. £3,950 to £8,730
Eye Transient Very brief, almost negligible eye injuries. £2,200 to £3,950

In addition to compensation for your pain and suffering, you may also be awarded special damages to compensate for the financial losses caused by the medical negligence. Here are a few examples of the financial losses that could be reimbursed:

  • Modifications to your home.
  • Home help.
  • Loss of earnings and pension contributions.
  • Costs towards physical aids.
  • Money spent on medications.

You should submit proof of your expenses, such as receipts.

If you have any questions about how compensation could be awarded in a medical negligence claim, please speak to a member of our advisory team. They can also help value your claim as well as discuss what evidence you could submit to support any expenses you wish to be reimbursed for.

No Win No Fee Laser Eye Surgery Claims

As we discussed, if you suffered an injury due to laser eye surgery gone wrong, you could be eligible for compensation. If you would like to have legal support for your claim, one of our solicitors experienced with medical negligence could help you. They could provide their services under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).

When working with a No Win No Fee solicitor for laser eye surgery claims, you won’t be charged for their services upfront or if your claim isn’t successful. If your solicitor is successful, they will take a success fee from your award. The law caps the percentage they can take as a success fee.

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. You can contact us by:

If you still have any questions about laser eye surgery claims or laser eye surgery compensation, you can contact Legal Expert today for help. You can speak to one of our advisors using the contact details included within this guide.

Useful Links

Below you will find a link that leads to a full guide to making compensation claims for instances of medical or clinical negligence:

A guide to making compensation claims for eye injuries

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:

NHS information about laser eye surgery

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:

UK Government information on laser safety

Helpful Medical Negligence Guides

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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