Claiming for LASIK eye surgery negligence can be a complex process, but it’s important to understand your rights if you’ve suffered due to substandard care. LASIK, although generally safe, can lead to complications like vision impairment, dry eyes, or halos if performed negligently. This article will guide you through the essential aspects of making a claim for LASIK eye surgery negligence in the UK.
Understanding LASIK Eye Surgery Negligence
LASIK surgery negligence arises when the medical professional providing the treatment fails to meet the expected standard of care, causing you harm. This could involve inadequate pre-operative assessments, surgical errors during the procedure, or insufficient aftercare.
Proving negligence requires demonstrating that the surgeon’s actions fell below the accepted standard, and that this directly caused your injuries. This often necessitates expert medical testimony to establish the breach of duty and the causal link between the negligence and your suffering.
Grounds for a LASIK Negligence Claim
Several factors can contribute to a successful LASIK negligence claim. These include:
Failure to adequately assess your suitability for LASIK:
A thorough pre-operative assessment is crucial to determine if you’re a suitable candidate for LASIK. Neglecting this step could lead to complications if underlying conditions are missed.
Surgical errors during the procedure:
Errors during the LASIK procedure itself, such as incorrect laser settings or flap complications, can have serious consequences for your vision.
Inadequate post-operative care:
Proper aftercare is essential for optimal healing and to identify and manage any complications. Failure to provide adequate post-operative instructions or follow-up appointments can be grounds for negligence.
Lack of informed consent:
Before undergoing LASIK, you should be fully informed of the potential risks and complications. If you weren’t adequately informed and subsequently suffered harm, you may have a claim for negligence.
Gathering Evidence for Your Claim
Building a strong LASIK negligence claim requires comprehensive evidence. This includes:
Medical records:
Your medical records, including pre-operative assessments, surgical notes, and post-operative reports, are crucial evidence in establishing the standard of care provided.
Expert medical opinion:
An independent medical expert can assess your case and provide an opinion on whether negligence occurred and how it impacted your vision.
Time Limits for Making a Claim
In the UK, you generally have three years from the date of the negligence or the date you became aware of it to make a claim for LASIK eye surgery negligence. However, there are exceptions for children and those lacking mental capacity. It’s crucial to seek legal advice as soon as possible to ensure you don’t miss the deadline.
What Can You Claim For?
If your LASIK negligence claim is successful, you may be entitled to compensation for various damages, including:
- Pain and suffering: This compensates for the physical and emotional distress caused by the negligence.
- Loss of earnings: If your injuries have affected your ability to work, you can claim for lost income.
- Medical expenses: You can claim for any medical costs incurred due to the negligence, including corrective surgery or ongoing treatment.
- Care and assistance: If you require assistance with daily tasks due to your injuries, you can claim for care costs.
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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