Can I sue my eye doctor for botched surgery? This is a question that unfortunately many patients have to ask themselves each year. Eye surgery, while often successful, carries inherent risks, and sometimes, things can go wrong due to medical negligence. If you’ve suffered due to substandard care during an eye procedure, you may be entitled to compensation. This article will explore the circumstances under which you can sue your eye doctor for botched surgery in the UK. We will also highlight how you can start a medical negligence claim.
Understanding Medical Negligence in Eye Surgery
Medical negligence occurs when an eye doctor’s actions fall below the accepted standard of care, causing harm to the patient. This can manifest in various ways, such as:
Misdiagnosis or delayed diagnosis:
Failing to correctly diagnose an eye condition or delaying the diagnosis can lead to irreversible damage and vision loss. Â
Surgical errors:
Mistakes made during the surgical procedure itself, such as injuring the eye, using incorrect implants, or leaving foreign objects in the eye, can have devastating consequences.
Inadequate aftercare:
Improper post-operative care, including insufficient monitoring, delayed treatment of complications, and inadequate instructions for at-home care, can exacerbate existing problems and lead to further complications.
Failure to obtain informed consent:
Before any eye surgery, your doctor must explain the procedure’s risks, benefits, and potential complications. Failing to do so or not providing adequate information can be grounds for medical negligence. Â
Establishing Liability in Botched Eye Surgery Cases
To successfully sue your eye doctor for botched surgery, you must establish that:
- A duty of care existed: Your eye doctor had a professional duty of care to provide you with competent medical treatment.
- Breach of duty: The eye doctor’s actions fell below the accepted standard of care for a reasonably competent eye surgeon.
- Causation: The breach of duty directly caused your injuries and subsequent suffering.
Proving these elements often requires expert medical testimony to establish the appropriate standard of care and demonstrate how the eye doctor’s actions deviated from it.
Common Types of Botched Eye Surgery
Several eye surgeries are more prone to complications or negligence, including:
- Cataract surgery: Complications can include infection, inflammation, retinal detachment, and vision loss.
- LASIK surgery: Potential complications include dry eye, halos, double vision, and under or overcorrection.
- Glaucoma surgery: Negligence can lead to further vision loss, infection, and other complications.
- Eyelid surgery (blepharoplasty): Potential issues include asymmetry, scarring, ectropion (outward turning of the eyelid), and entropion (inward turning of the eyelid).
Gathering Evidence for Your Claim
If you believe you have a claim for botched eye surgery, gathering strong evidence is crucial. This may include:
- Medical records: Obtain all your medical records related to the eye surgery, including pre-operative assessments, surgical reports, post-operative notes, and any correspondence with your eye doctor.
- Expert opinions: Consult with independent medical experts to assess your case and provide their professional opinion on whether negligence occurred.
- Witness statements: If anyone witnessed any negligence or heard concerning conversations, their statements can be valuable evidence.
- Photographs: If your injuries are visible, take photographs to document the extent of the damage.
Time Limits for Filing a Claim
In the UK, you generally have three years from the date of the negligence or the date you became aware of the negligence to file a medical negligence claim. However, there are exceptions for children and those with mental incapacities. It is crucial to act promptly to avoid missing the deadline.
Making a Medical Negligence Claim with National Claims
At National Claims, we understand the devastating impact that medical negligence can have on your life and the lives of your loved ones. If you believe you or a family member has suffered harm due to substandard medical care, such as misdiagnosis, surgical errors, medication errors, or delayed treatment, we are here to help you by connecting you with a solicitor from our panel who will be able to assess your case.
Free Consultation
We recognise that every medical negligence case is unique, and we’re here to offer you a free, no-obligation consultation to discuss your specific situation. During this consultation, we’ll listen attentively to your experience, and assess the potential strength of your claim. Our team will then connect you with a qualified solicitor from our panel who specialises in medical negligence claims, ensuring that you receive the expert legal representation needed to pursue your case effectively.
*Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.
Contact us today to speak to one of our claims agents who will be able to help you get started on your claim.
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