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Eye injury claim solicitors

An eye injury can, if severe enough, result in a medical emergency because without quick treatment it could result in visual impairment or blindness.   Such an injury can have a devastating impact on someone’s life so if you or someone you know has suffered an eye injury because of suspected sub-standard medical care (or because of someone else’s fault) you could be entitled to compensation.

Click here for information about our leading medical negligence team and Why you Should Choose Us to help you pursue Eye Injury Compensation.  If you want to talk to speak directly to our solicitors call us now on 0113 245 8549 or complete our contact form and our lawyers will call you back.

What is an Eye Injury?

An Eye Injury occurs when the Eye itself and/or surrounding nerves or blood vessels are damaged which can lead to deterioration in eye sight, loss of vision or even complete blindness.  

How to make an Eye Injury Medical Negligence Claim?

When making an eye injury claim it is usually necessary to prove a direct link between the negligent medical care and the eye injury. This can be difficult and complex in some cases.  Our team of expert solicitors will talk you through each step of the process and explain the legal tests required to succeed with the claim.   It will be necessary to demonstrate that an avoidable eye injury was caused because of poor medical treatment that has caused injury.  Medical experts help us determine this.  

What Types of Eye Injury Negligence Occur?

Our legal experts have acted for clients in a wide range of different Eye Injury compensation claims. We have a wealth of experience in advising clients and obtaining significant compensation for them and have set out below some of the different types of Eye Injuries that might occur:

  • The failure to diagnose and treat retinopathy of prematurity (ROP). This is a disease that occurs in premature babies (particularly those less than 32 weeks gestation with low birth weight and requiring help with their breathing on delivery) that can cause a loss of vision if it is not diagnosed and treated early.   All new-born babies within the risk criteria mentioned should undergo regular eye screening examinations with a doctor to look for ROP. 
  • Visual impairment or Blindness because of a birth injury, specifically, lack of oxygen.  This can lead to problems such as hypoxic ischemic encephalopathy and cerebral palsy (click here for our dedicated page on birth injuries and here for information about cerebral palsy) but also serious problems with vision that can impair sight or cause blindness.
  • A delay in the diagnosis and treatment of glaucoma. Glaucoma is a leading cause of blindness, especially if left untreated. Increased intra ocular pressure can damage the optic nerve that transmits images through the eyes to your brain.  If this pressure is not treated, glaucoma can cause permanent visual problems and, in severe cases, permanent blindness within a few years.  Regular eye health care checks should identify glaucoma. 
  • Sub-standard cataract eye surgery or a delay in diagnosis and treatment.  A cataract is where the lens within the eye becomes cloudy over time causing a reduction in vision.  If there is a delay in diagnosis of this condition or problems with surgery this can result in eye injuries. 
  • Sub-standard laser eye surgery.  When this surgery goes wrong, the effects can be devastating. A laser reshapes the front surface (cornea) of the eye so in order to try and improve focus.  Laser eye surgery can correct short sightedness, long sightedness and astigmatism but, if the surgery is not performed properly, it can cause considerable problems with eyesight as well as side effects such as visual disturbance and double vision.

Compensation for an Eye Injury

An Eye injury can cause different problems that may affect people in different ways.  Eye injury compensation for sub-standard medical care causing an avoidable injury can be substantial.  The extent of any injury and the impact on a person’s vision will determine this together with a detailed assessment of how any injury detrimentally affects their life.  For example, whether that person is now unable to work and the level of care, support and specialist equipment they might need. 

Eye Injury Case Studies

  1. Example A – Adam

Adam suffered from a rare ophthalmic condition called dispersion glaucoma.  He believed that he has receveived poor Hospital care that had caused his eye condition to worsen.

Our approach

We investigated the standard of medical care Adam had received.  Our team of lawyers located an expert ophthalmologist and instructed him to report on whether Adam’s treating doctors had missed the opportunity to diagnose and treat Adam’s rare condition earlier.  A key issue in the case was whether Adam had shown early signs of pigment dispersion and whether the Hospital should have regularly checked the pressure in his eyes which would have detected this.  Our expert criticised the Hospital care and concluded that with better earlier treatment Adam’s Eye condition would have been diagnosed and treated and he would have avoided the substantial reduction in his vision from this treatable conditon.  

The outcome

The case was put to the Hospital and they eventally conceded liability for the sub-standard medical care Adam had received.  They agreed that with appropriate Eye care from the outset (including measuring the pressure in Adam’s eyes) Adam would have received treatment that would have avoided his severe and permanent Eye Injury.   The Hospital offered Adam £200,000 but on our advice this was rejected and a counter offer of £600,000 was put forward and agreed as Eye Injury Compensation for Adam. 

Note: name changed to protect client confidentiality.

  1. Example B – Charles

Charles was born prematuely by emergency caesarean section at a gestation age of just 25 weeks.  He weighed just 600 grams at birth.  Because of his prematurity Charles was deemed to be at risk of Retinopathy of Prematurity (ROP) and was initially examined for this. No signs of this were found but Charles’ doctors failed to re-assess him.  Charles then developed ROP.

ROP was eventually diagosed and Charles received emergency laser eye treatment but, despite this, he still lost the vision in his left eye.

Our approach

Charles’ Eye Injury claim was complex because of his prematurity and a separate diagnosis of Cerebral Palsy (click here for information about Cerebral Palsy).  Our team of lawyers instructed leading medical experts in the fields of Ophthalmology, Paediatric Neurology, Occupational Therapy and Paediatrics. 

On the basis of their conclusions, we put forward a medical negligence claim that Charles’ treating doctors should have known about the risk of him developing ROP and regularly checked for this following the original ROP assessment.  Had this been done, ROP would have been detected and Charles would have received earlier tretment that would have spared in eyesight. 

The Outcome

The hospital admitted liability for Charles’ substandard care that had caused his Eye Injury and apologised to him and his family.  A large NHS Compensation settlement in damages was also paid to cover the costs of Charles’ extensive care and therapy needs for the rest of his life as well as enabling his family to purchase a suitable single story property to accommodate Charles’ needs.

Note: name changed to protect client confidentiality.

  1. Example C: Helen

Helen consulted an Optometrist because of problems she was experiencing with vision in her right eye. She was diagnosed as suffering from retinal detachment and was referred to her local hospital. 

She was then diagnosed with malignant melanoma of the right choroid (a part of the eye).  Helen had radiotherapy to try and treat this but unfortunately the vision in her right eye deteriorated and she ended up having to have the whole of her eye removed.  She was concerned about poor care.

Our Approach

Helen instructed us to investigate.  We obtained expert medical evidence from a Consultant Ophthalmologist who thought that Helen may have received excessive radiotherapy to her right eye which, she thought, had caused Helen’s eye and vision to markedly deteriorate.   

This was again a very difficult and complex clinical negligence claim because we could only attempt to claim compensation for the fact that the excessive radiotherapy treatment had brought forward a deterioration in Helen’s right eye that would have happened anyway in due course because of her underlying problems with her sight.

The Outcome

The Eye Injury Damages case was put to the Defendant.  They accepted Helen had received too much radiotherapy treatment in her right eye and this had caused the deterioration of sight in her right eye but, they argued, this would have happened anyway, irrespective of the sub-standard medical care, in due course.  NHS Compensation of £20,000 was accordingly agreed between the parties. 

Note: name changed to protect client confidentiality.   

  1. Example D – Diane

Diane was operated on by a Neurosurgeon for trigeminal neuralgia (sudden and severe facial pain).  After surgery she complained about loss of vision.  She was nevertheless discharged without further investigation into her visual problems and subsequently completely lost the vision in her right eye.

Our Approach

Diane contacted us and we investigated what had happened.  We obtained expert medical evidence in the areas of Neurosurgery and Ophthalmology. It became apparent that some of Diane’s medical records, including X-rays, were missing, which our team of lawyers had to carefully follow up.  Once these records had been obtained, the two experts concluded that Diane’s complaint about loss of vision following surgery should have been treated as a medical emergency.  Had her treating doctors taken her complaints about loss of vision seriously, treatment could have been quickly provided and Diane’s sight in her right eye completely perserved.   

The Outcome

The negligence claim was put to the Hospital who disputed liability.  In the end, after a hard fought negotiation, Diane was awarded compensation for the loss of vision in her right eye.  

Note: name changed to protect client confidentiality.

How to Contact Us?

Contact the team at Minton Morrill, if you, or your child, or someone you know has suffered an eye injury. We can help you to assess whether there is likely to be a claim for Eye Injury damage and ensure you are compensated if that injury is as a result of substandard medical care.

For more information or for a free confidential consultation, call one of our experts on 0113 3452395 or use the contact form below.

 

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Please fill in our form and an expert will get back to you or call us 24 hour on 0113 245 8549

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Some of Our Successful Ophthalmic Injury Claims

Loss of Eye Following Excessive Radiotherapy

K consulted an Optometrist due to problems that she was experiencing with vision in her right eye. She was diagnosed as suffering from retinal detachment and was referred to her local hospital.  A diagnosis of malignant melanoma of the right choroid...

Delay in Diagnosis of Trigeminal Neuralgia

N was treated by her Neurosurgeon for trigeminal neuralgia. However, following the surgery and despite complaints of loss of vision, this was not acted upon by the medical team which resulted in N losing the vision in her right eye.  Independent expert...

Lasik Treatment Resulted in Double Vision

W had not needed glasses or contact lenses for the first 40 years of his life although in his mid forties he started to use glasses for reading although he did not need them for any distance work. Following his retirement it was W’s intention to...
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