Had a bad LASIK experience? You’re not alone. Laser eye surgery, while generally safe, can sometimes result in complications or unsatisfactory outcomes. If you’ve suffered due to negligence during your LASIK procedure, you could be entitled to make a claim.
Understanding LASIK and Potential Complications
LASIK (Laser-Assisted in Situ Keratomileusis) is a popular surgical procedure that aims to correct refractive errors like nearsightedness, farsightedness, and astigmatism. It involves reshaping the cornea using a laser to improve vision. While the majority of LASIK procedures are successful, complications can occur, including:
- Dry eyes: This is a common side effect, often temporary, but can sometimes be chronic.
- Undercorrections or overcorrections: The desired level of vision correction may not be achieved, requiring further treatment.
- Flap complications: Issues with the corneal flap created during surgery, such as displacement or wrinkles.
- Infections: Though rare, infections can occur and may lead to vision loss if not treated promptly.
- Vision disturbances: Halos, glare, double vision, or decreased night vision.
When a Bad LASIK Experience Becomes a Claim
Not all negative LASIK experiences are grounds for a claim. To have a valid claim, you must prove that your complications arose due to negligence on the part of the surgeon or clinic. This means they failed to provide the expected standard of care, leading to your suffering. Examples of negligence include:
- Inadequate pre-operative assessment: Failure to properly assess your suitability for LASIK, including your medical history and corneal thickness.
- Surgical errors: Mistakes made during the procedure itself, such as incorrect laser settings or flap complications.
- Poor post-operative care: Lack of adequate follow-up appointments or failure to address complications promptly.
- Lack of informed consent: Not fully explaining the risks and potential complications of LASIK before obtaining your consent.
Gathering Evidence for Your LASIK Claim
If you believe you have a valid claim, gathering strong evidence is crucial. This includes:
- Medical records: Obtain all your medical records related to your LASIK procedure, including pre-operative assessments, surgical notes, and post-operative reports.
- Independent medical opinion: Consult an independent ophthalmologist to assess your current condition and provide an expert opinion on whether negligence occurred.
- Witness statements: If anyone accompanied you to appointments or witnessed any issues, their statements can support your claim.
- Financial records: Keep records of any expenses incurred due to your LASIK complications, such as further treatments, medications, or lost earnings.
The LASIK Claims Process
Making a LASIK claim can be complex, involving legal procedures and medical assessments. Here’s a simplified overview of the process:
- Contact a solicitor: Seek legal advice from a solicitor specialising in medical negligence claims. They will assess your case and advise on the likelihood of success.
- Letter of claim: Your solicitor will send a letter of claim to the defendant (the surgeon or clinic), outlining the allegations of negligence and the desired compensation.
- Investigation: The defendant will investigate the claim and may respond with an admission of liability, a denial, or a request for further information.
- Negotiation: If liability is admitted or established, negotiations will take place to reach a settlement agreement.
- Court proceedings: If a settlement cannot be reached, court proceedings may be necessary to determine the outcome of the claim.
Time Limits for LASIK Claims
It’s important to be aware of the time limits for making a LASIK claim. In general, you have three years from the date of the negligence or the date you became aware of the negligence to start legal proceedings. However, there are exceptions for children and those lacking mental capacity. Seeking legal advice as soon as possible is crucial to ensure you don’t miss any deadlines.
Compensation for a Successful LASIK Claim
The amount of compensation you could receive for a successful LASIK claim depends on various factors, including:
- Severity of your injuries: The impact of the LASIK complications on your vision and quality of life.
- Financial losses: Any expenses incurred due to the negligence, such as further treatments, medications, or lost earnings.
- Pain and suffering: Compensation for the physical and emotional distress caused by the negligence.
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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