Eye Injury Claims

What is an eye injury compensation claim?

An eye injury compensation claim is a legal process that aims to provide financial compensation to individuals who have suffered an eye injury that has resulted in physical harm, emotional distress, and financial losses. The claim seeks to hold the responsible party accountable for their actions and provide the injured individual with the necessary compensation to cover their medical expenses, lost earnings, and other related costs.

This specialty involves a mix of medical and surgical management and deals with a diverse range of injuries and diseases. As with other doctors in other specialisms, ophthalmologists can opt to train in particular subspecialties, including eye development and disease in children or retinal disease in patients with diabetes and age-related macular degeneration.

However, despite intensive training, doctors still make mistakes. Errors include misdiagnosis or missed diagnosis, surgery slip-ups, and medication prescription mistakes. Timely and appropriate medical treatment is crucial in the context of eye injuries to prevent lasting vision problems or irreversible damage.

Are you eligible to make a claim?

To be eligible to make an eye injury compensation claim, you must have suffered an eye injury caused by another party’s negligence or fault. This can include:

• Medical negligence, such as a misdiagnosis or incorrect treatment
• Workplace accidents, such as a chemical splash or falling object
• Road traffic accidents, such as a car crash or pedestrian accident
• Other types of accidents, such as a slip or trip in a public place

You must also have suffered physical harm, emotional distress, and financial losses as a result of the eye injury. This can include:

• Medical expenses, such as hospital bills and prescription medication
• Lost earnings, such as wages or salary
• Other related costs, such as travel expenses and home modifications

Eye injury negligence claims include:

Optic neuritis

Optic neuritis occurs when the optic nerve becomes inflamed, causing pain, flashing lights, and permanent vision loss. It is most commonly linked to Multiple Sclerosis but can also occur due to infection or autoimmune diseases. If diagnosed correctly and treated promptly with steroids, most people enjoy a quick recovery, and their vision returns to normal.

However, many patients diagnosed with optic neuritis may be misdiagnosed, leading to unnecessary and inappropriate treatment. A study that examined the medical records of patients referred to ophthalmology doctors for optic neuritis treatment found that only 49 of 122 patients had the condition.

At the same time, 73 were diagnosed with migraine or other conditions related to the eye, such as ischemia or tumour.1 The primary concern with this data is that patients may have to endure unnecessary treatments and potentially harmful tests until they are correctly diagnosed.

Brain tumour

In Montreal, an ophthalmologist failed to correctly diagnose a man who complained of vision loss. She diagnosed macular degeneration and glaucoma, giving him medication for both conditions.

However, another ophthalmologist who saw him a few weeks later diagnosed partial blindness. A brain scan was ordered, confirming the presence of a brain tumour causing his symptoms.

In the UK, an Optometrist at Boots Opticians failed to spot abnormalities in the eyes of an 8-year-old boy, Vinnie Barker, who died five months after he had a routine eye test at Boots Opticians in Ipswich, Suffolk.

The conduct of the optometrist, Honey Rose, fell so far below the standards expected of an optometrist she was found guilty of manslaughter and gross negligence.

Glaucoma

Glaucoma is an eye condition where the optic nerve is damaged due to the increase in the pressure of the fluid inside the eye. Most types of glaucoma have no symptoms, and a regular eye test is the only way to know if you have the condition. Glaucoma can lead to loss of vision if not diagnosed and treated correctly. There is no treatment to restore sight once it has been lost due to glaucoma.

There are various types of glaucoma:

• Primary open-angle glaucoma: A chronic condition, which means that the damage to your optic nerve and changes to your vision happen more slowly.

• Acute angle glaucoma: An acute condition when the pressure increases in your eye happens more quickly; it is painful and can cause permanent eye damage if it is not treated quickly.

• Secondary glaucoma: This occurs as a result of another eye condition, such as injury, surgery, or medication.

Congenital glaucoma

This is very rare and affects young babies. It is diagnosed in the early years, and a child with this condition is carefully managed in a specialist clinic.

At Osbornes Law, we have acted for clients misdiagnosed with Primary Open Angle and Acute Angle glaucoma. We have successfully proved that they received substandard optical care and awarded damages.

Surgical errors

Surgical errors in ophthalmology can involve the wrong site and incorrect lens implantation or procedure. Most of these errors are highly preventable if protocols and guidelines are followed.

Cataracts

Incorrect lens

The most common eye operation is for cataracts, with nearly 400,000 surgeries performed by the NHS in 2016-2017. During this period, it was found that surgeons inserted the incorrect lens in 21 of these cataract operations. This is an entirely preventable error.

A representative of the Healthcare Safety Investigation Branch (a team of safety investigators funded by the Department of Health) said, “Having the wrong lens implanted during cataract surgery is something that any one of us or our family members could experience. Data from national reporting shows that despite existing procedures and guidance, the insertion of the wrong lens is still happening.”

Incorrect sight

In 2018, a story from BBC described how the head of the neurosurgery department in NHS Tayside, Sam Eljamel, harmed dozens of patients over many years. On asking for her medical records, one of his patients discovered that Eljamel had made a serious surgical error when ostensibly treating her eye condition. She had a benign growth behind her eye.

Following surgery for its removal, Eljamel told her that the tumour was 99% removed. However, he did not remove the tumour but rather the patient’s tear gland. Since the operation, she has continued to suffer pain and dry eye problems. She sued the hospital and received compensation.

Unfortunately, many of Eljamel’s patients, harmed by his errors, cannot sue because they missed the 3-year limit for making a claim. However, there is some hope that Eljamel may be criminally prosecuted.

Medication errors

Two hundred thirty-seven million drug errors are made in England each year. Doctors, pharmacists, and nurses are responsible, amounting to 1 mistake for every five drugs given.

One study estimated that drug errors cause 700 deaths yearly and could be a causative factor in up to 22,000 deaths. One study of prescribing errors within a UK eye hospital showed that 8% of prescription cards had errors, with most mistakes made in the outpatient department.

In 2018, an unusual report was published by the British Medical Journal’s Case Report. A woman suffered a chemical injury to her eye due to a prescribing error. Instead of being given the prescribed eye lubricant VitA-POS for her condition of dry eyes, she was given Vitaros, a cream that can be prescribed for erectile dysfunction.

The introduction of the Vitaros caused a chemical injury to her eyes. She presented to her local Accident and Emergency department complaining of eye pain, swollen eyelids, and blurred vision and required treatment with antibiotics and steroids. In this case, both the pharmacist and GP were at fault.

The claims process

The claims process for an eye injury compensation claim typically involves the following steps:

How to begin an eye injury compensation claim

To begin an eye injury compensation claim, you should:

1. Seek Medical Attention: It is essential to seek medical attention immediately after an eye injury. This will help ensure you receive the necessary treatment and provide valuable evidence for your claim.
2. Gather Evidence: You should gather as much evidence as possible to support your claim. This can include medical records, witness statements, and accident scene photographs.
3. Contact a Solicitor: You should contact a specialist personal injury solicitor with experience handling eye injury compensation claims. They will be able to provide you with advice and guidance on the claims process and help you build a strong case.
4. Submit a Claim: Your solicitor will submit a claim to the responsible party or insurance company. This will include a detailed account of the accident, your injuries, and the financial losses you have suffered.
5. Negotiate a Settlement: Your solicitor will negotiate a settlement with the responsible party or their insurance company. This may involve a series of offers and counter-offers until a satisfactory settlement is reached.
6. Attend Court: If a settlement cannot be reached, your solicitor may advise you to attend court. This will involve presenting your case to a judge and jury, who will then decide on the amount of compensation you are entitled to.

It is essential to note that the claims process can be complex and time-consuming. It is therefore recommended that you seek the advice and guidance of a specialist personal injury solicitor who has experience in handling eye injury compensation claims.

Our promise to you

• We will review your potential claim by advising you on suing the NHS for negligence or other alternative procedures if your case does not relate to NHS care and treatment.

• We will not charge a fee for our time in reviewing your case.

• We can assist you with any issues regarding the complaints procedure or obtaining copies of your medical records.

• We will advise you of the course of action with respect to your case.

How we can help

Our medical negligence lawyers are ranked as leading lawyers in London by Chambers UK and The Legal 500. As personal injury solicitors, we provide legal assistance and representation to individuals seeking compensation for eye injuries caused by someone else’s negligence.

We are approved solicitors of Action against Medical Accidents (AvMA). This means we have demonstrated our specialist legal expertise and experience in running clinical negligence claims for clients.

We offer a No-Win, No-Fee arrangement, allowing clients to pursue claims without upfront costs and ensuring legal fees are only paid if the claim is successful.