Laser Eye Surgery Claims

Laser eye surgery is a corrective procedure chosen by thousands of people each year in the UK. With the promise of clearer and stronger vision, this low-cost remedy is popular for addressing a wide range of vision problems. The procedure uses a laser to reshape the cornea, strengthening its focusing power and improving vision to eliminate the need for glasses or contact lenses.

The eyes are a vital and delicate part of the body, so great care and attention must be taken when performing any surgical treatment. Errors during laser eye surgery can lead to severe physical and psychological consequences.

If you have suffered due to inadequate care and your eyesight has been affected, you have every right to seek compensation from the responsible optician. The solicitors we work with are experienced in helping people make claims for all types of medical negligence and can provide you with a no win no fee* service.

To find out if you have a valid laser eye surgery claim, arrange a free case assessment by calling 0800 470 0474 today or arranging a call back.

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• Can I make a laser eye surgery claim?
• Types of laser eye surgery
  • LASIK (Laser-Assisted in Situ Keratomileusis)
  • PRK (Photorefractive Keratectomy)
  • LASEK (Laser-Assisted Sub-Epithelial Keratomileusis)
  • SMILE (Small Incision Lenticule Extraction)
  • RLE (Refractive Lens Exchange)
  • Laser-assisted surgery for cataracts
  • Laser treatment for glaucoma
• Potential complications from laser eye surgery
• What are the main causes of laser eye surgery negligence?
• How long do I have to start a laser eye surgery claim?
• How much compensation can I claim for a botched laser eye surgery?
• What happens if I lose my claim for laser eye surgery compensation?
• Can I still claim if I had eye surgery in a different country?
• How long will it take to reach a settlement on my claim?
• Why should I choose a solicitor to process my claim?

Can I make a laser eye surgery claim?

Experiencing complications from a laser eye surgery procedure can be a devastating experience, especially if you were not adequately informed of the potential risks beforehand. If you believe your optician has breached their duty of care towards you, you should seek legal advice today to assess your eligibility for laser eye surgery compensation.

This is a free service provided without any obligation. During the consultation, you will be asked a few questions about the problems you have experienced to determine if a solicitor can help. As a general rule, an eye surgery claim should be possible if you have proof that:

• The medical professional providing the treatment breached their duty of care towards you. That means they have failed to meet the expected standard of care that a reasonable person in their position would provide.
• You suffered harm or injury as a direct result of the optician’s breach of duty. This harm could be physical, psychological, or both.
• Your harm or injury could have been prevented if the surgeon had met their duty of care towards you.
• Your surgery was performed within the last three years.

To help support your laser eye surgery claim, you should try to secure as much of the following evidence as possible (don’t worry, your injury solicitor will be able to help you with this):

• Medical records: These can include details of your pre-operative consultation, the surgical procedure itself, and post-operative care.
• Expert opinions: You may need to provide the report of an independent medical expert to support your claim, such as an ophthalmologist or optometrist. Your solicitor will be able to organise a free consultation on your behalf.
• Witness statements: If anyone was present during the surgical procedure or witnessed the aftermath, their account of the events could be helpful.
• Financial records: If you have incurred any financial losses due to the harm or injury you suffered, such as medical bills or lost income, you must provide evidence of these losses, such as receipts and invoices.
• Photographs: If the harm or injury is visible, photos can provide strong evidence to support your claim.

It is important to note that every case is different, and the evidence required to support a laser eye surgery claim will depend on the specific circumstances of your case. As mentioned above, your medical negligence solicitor will assist you in gathering all of the available evidence to build a strong case.

Types of laser eye surgery

Laser eye surgery, or refractive surgery as it is also known, has been available in the UK for over 30 years. In most cases, it is considered a non-essential surgical intervention or cosmetic surgery and therefore is not usually available through the NHS. The procedure is, however, offered by many opticians and private practices around the UK, including companies such as Optical Express, Optimax and Ultralase.

There are several types of laser surgery available, including the following:

LASIK (Laser-Assisted in Situ Keratomileusis)

LASIK has been around since the mid-90s and is the most common type of laser eye surgery. With LASIK, the surgeon uses a laser to cut a flap in the cornea to expose the surface and then reshape the cornea using an excimer laser.

PRK (Photorefractive Keratectomy)

PRK is an older technique where the epithelium of the cornea is removed before reshaping the underlying tissue using an excimer laser.

LASEK (Laser-Assisted Sub-Epithelial Keratomileusis)

It is similar to PRK, but the epithelium is preserved by creating a flap, which is then repositioned after the laser treatment. This method can sometimes help the healing process and reduce complications.

SMILE (Small Incision Lenticule Extraction)

This is a newer procedure where a lenticule is created within the cornea using a femtosecond laser and then removed through a small incision, reshaping the cornea.

RLE (Refractive Lens Exchange)

RLE is a surgical procedure in which the natural lens of the eye is replaced with an artificial intraocular lens (IOL) to correct refractive errors such as myopia, farsightedness, and astigmatism.

Laser-assisted surgery for cataracts

It is a type of surgery that is becoming more common, during which a laser is used to make incisions in the eye to break up the cloudy lens, which is then removed and replaced with an artificial lens.

Laser treatment for glaucoma

This type of laser eye surgery is often the first-line treatment for glaucoma. During the procedure, the optician uses a laser to make a small opening in the trabecular meshwork, the part of the eye that drains fluid. That helps improve the outflow of fluid from the eye, reducing pressure and preventing damage to the optic nerve.

If you have suffered an injury or vision damage due to mistakes made during any type of laser eye surgery, you may be entitled to compensation. To determine your eligibility for an eye surgery claim, contact a medical negligence solicitor with experience in such cases for a free claim assessment. To get started, call free on 0800 470 0474 or click here to request a call back.

Potential complications from laser eye surgery

The vast majority of laser eye surgery procedures are carried out successfully and without error, with people usually being able to return to work within just a few days.

Unfortunately, like with all medical procedures, errors sometimes occur, and on rare occasions, patients can develop further eye health problems through no fault of their own. If the surgeon was negligent or did not provide enough care to ensure your health and safety, you may be eligible to make an eye surgery negligence claim.

Around 5% of laser eye surgery patients suffer from some form of complication according to research conducted by the Royal College of Ophthalmologists.

Some of the common complications that can arise if laser eye surgery goes wrong include the following:

• Overcorrection or under-correction of the vision
• Deterioration in vision
• Partial or total blindness
• Dryness of the eyes
• Discomfort and blurred vision
• Night vision problems
• Corneal ectasia
• Astigmatism
• Scarring or haze
• Infection and eye inflammation
• Halos, double vision or ghosting

It is important to note that these complications are relatively rare, and most patients experience a significant improvement in their vision after laser eye surgery. Before deciding on the procedure, you should discuss the risks and benefits of laser eye surgery with an experienced eye surgeon.

Medical negligence lawyers have processed and negotiated many claims for laser eye surgery errors and will have extensive experience and knowledge in this field. They are committed to achieving the highest possible eye injury compensation amounts for clients and provide their services on a no win no fee basis.

What are the main causes of laser eye surgery negligence?

There can be many different causes of negligence, but some common examples that may entitle you to claim laser eye surgery compensation include the following:

• Incompetence or lack of experience by the surgeon performing the procedure
• Failing to perform necessary pre-operative tests to assess your suitability for the surgery
• Failure to provide adequate information about the risks and benefits of the intervention before the surgery
• Use of defective equipment or failure to properly maintain and calibrate the laser equipment
• Poor post-operative care, including failure to monitor and treat complications
• Operating on the wrong eye or the wrong part of the eye
• Performing the procedure when it is not appropriate for the patient
• Failing to diagnose a detached retina and continuing with surgery
• Failure to refer you to an appropriate specialist for treatment

These and other factors can lead to severe and potentially life-changing injuries, such as blurred or double vision, dry eyes, and other vision-related problems. If your vision has been affected as a result of negligence, you might be able to start an eye surgery claim.

How long do I have to start a laser eye surgery claim?

In the UK, all laser eye surgery claims are bound by the time limits set out in the Limitation Act 1980, known as the limitation period. That is usually three years from the surgery date or the date you discovered that your injuries or vision loss might have been caused by negligent surgery.

You should speak to a qualified medical negligence solicitor as soon as possible to discuss your options and ensure you do not miss any deadlines. By doing so, the events leading to your injury will still be fresh in your mind, and you will also give your solicitor plenty of time to collate the evidence required to support your eye surgery claim.

However, there are some circumstances where the standard limitation period will differ, such as:

• If the injured person lacks the mental capacity to make a claim, the time limit is suspended indefinitely. A litigation friend could start a laser eye surgery at any time on their behalf. The three-year time limit would only begin if they regained their intellectual ability.
• If a claimant was under 18 when they suffered an injury from laser eye surgery, they would not be able to pursue compensation until they reached 18. At this point, they would have three years to initiate a claim. Like the above, a litigation friend could claim on their behalf before their 18th birthday.
• If the injury was due to faulty medical equipment, the claim must be made within ten years from when the product was first released.
• The time limit to claim for eye surgery abroad depends on the laws of the country where the surgery was performed, as well as the laws of the country where the claim is being pursued. It is essential to seek legal advice from a qualified solicitor as soon as possible, as the limitation date could be much shorter than three years.

To find out what time limit might apply to your laser eye surgery claim, call 0800 470 0474 today for a free consultation. Or, if you prefer, enter your details to receive a call back from a friendly legal adviser.

How much compensation can I claim for a botched laser eye surgery?

The amount of laser eye surgery compensation you could claim can vary depending on the specific circumstances of your case, including the extent and severity of your injury, the impact on your daily life, and the costs of any ongoing medical treatment or rehabilitation.

Everybody’s circumstances are different, and your solicitor will assess your case based on special and general damages:

Special damages refer to the non-physical losses and financial expenses that have risen from the negligent eye surgery. These may include:

• Lost earnings, if you had to take any days off work and suffered a financial loss as a result;
• Loss of future income, if your ability to perform your regular job in the future is reduced, you have to change careers or stop working altogether, resulting in a reduced income;
• Medical expenses, including the initial surgery cost, any additional medical treatment needed to fix or manage the problem, medication, and rehabilitation costs;
• Travel expenses for medical treatment or to pursue a laser eye surgery claim;
• Additional losses, for example, the cost of a non-refundable plane ticket that you missed due to your medical condition;
• Costs of any care or assistance needed during recovery or if your surgery left you with a permanent disability.

General damages refer to the physical harm you have suffered due to medical negligence and a botched laser eye surgery. Some examples of general damages are:

• Permanent disabilities, such as being left partially or completely blind in one or both eyes, leading to a significant permanent reduction in your quality of life;
• Mental health issues, such as depression or anxiety that can result from the trauma of having vision problems;
• Pain and suffering caused by the eye surgery and any further treatment that is attempted to correct the issues caused by the procedure;
• Loss of amenity, including a reduced ability to perform everyday activities or participate in hobbies or interests you enjoyed before the surgery.

To find out the specific types of damages you could claim in your case, contact a legal expert by calling free on 0800 470 0474. Below are some examples of compensation awards you could expect to receive for general damages following a successful eye surgery claim:

• £2,200 – £3,900 for relatively minor injuries to the eye that recover completely
• £3,950 – £8,700 for short-term injuries that disrupt vision but heal entirely
• £9,100 – £20,950 for permanent but minor impairment of vision in one or both eyes, such as double vision
• £23,650 – £39,000 for severe but partial vision loss in one eye without significant risk of loss or reduction of sight in the remaining eye
• £49,250 – £54,800 for complete loss of sight permanently in one eye
• £54,800 – £179,700 for loss of sight in one eye with reduced vision in the remaining eye and risk of further deterioration
• In the region of £268,500 for complete and permanent blindness in both eyes
• £5,800 – £19,000 for moderate psychological damage causing some problems with life, education, and work
• £54,800 – £115,700 for psychological trauma that severely affects different aspects of life

For a better idea of the potential compensation amount you could claim for eye surgery negligence, it is recommended to consult with an experienced personal injury solicitor as soon as possible.

What happens if I lose my claim for laser eye surgery compensation?

If you have a valid laser eye surgery claim, the solicitors we work in partnership with will provide you with a no win no fee service. In this arrangement, you do not need to pay any costs upfront to your solicitor for their services. They will also take the risk of losing the case and not being paid for their work unless you win compensation.

If your case is successful, your solicitor will receive a success fee for taking on the risk of representing you on a conditional fee basis. The Ministry of Justice has established regulations limiting the success fee that a solicitor can charge to a maximum of 25% of the compensation awarded.

If you lose your laser eye surgery claim, you will not have to pay any legal fees or disbursements incurred during litigation, such as:

• Expert reports
• Court fees
• The other party’s legal costs
• Medical reports
• Travel expenses
• Barrister fees

This is made possible by the After the Event insurance that your solicitor will take out on your behalf.

To summarise, a no win no fee service is the preferred way to claim laser eye surgery compensation. The agreement makes it easier for people to access legal representation, as they do not need to pay any upfront fees, and it eliminates the financial risk of seeking damages.

Can I still claim if I had eye surgery in a different country?

Yes, it is possible to make a claim for eye surgery negligence that happened in a different country. However, the process may be more complex and challenging than claiming in the UK. That may be due to language barriers, limited access to UK-based support, and unfamiliarity with the foreign healthcare system.

It is essential to seek the advice of a solicitor who specialises in overseas medical negligence claims. They can guide you through the legal process and advise you on the laws and regulations that apply in both countries.

In some cases, you may need to engage a local lawyer in the country where the surgery took place to represent you in court. Your solicitor can assist you in finding the proper legal representation and work with them to ensure your eye surgery claim is handled correctly.

It is worth noting that the time limit for making a claim may be shorter than three years in other countries, so it is vital to act quickly and seek legal advice as soon as possible.

How long will it take to reach a settlement on my claim?

The amount of time it takes to complete your laser eye surgery claim will depend on the complexity of your case. Some may be settled in a matter of weeks, while others may take months or years to resolve. Personal injury solicitors are committed to achieving swift outcomes without compromising on the amount of compensation that you are awarded.

To do this, they will work hard to build a strong case which demonstrates the liability of the defendant and details the adverse effects of the surgery error on your overall well-being and ability to function in activities as you previously did. The factors that can influence the time that it takes to process a claim include:

• The number of parties involved in litigation
• Any contest as to the liability of the defendant
• The time needed to assess the long-term impact of your injuries
• Delays caused by the defendant’s legal team
• Delays in obtaining the necessary evidence
• The need for further medical examinations
• Evaluations required to prove the severity of symptoms

There are several things you could do to speed up the claims process and receive your laser eye surgery compensation as soon as possible:

• Seek the advice of a personal injury solicitor as early as possible
• Try to gather as much evidence as possible from the beginning
• Complete any legal forms and sign documents on time
• Request that your solicitor schedule a medical evaluation as soon as possible

Your solicitor will work closely with you to ensure that you are always kept up to date about the progression of your claim. They will do everything in their power to ensure that there are no unnecessary delays in the successful completion of your case.

Why should I choose a solicitor to process my claim?

Clinical negligence solicitors are highly experienced in managing claims for eye surgery negligence. They offer a knowledgeable, committed and confident service that revolves around the well-being of clients. Further benefits include:

• A no win no fee service
• A free, no-obligation initial consultation
• They will review your claim and any settlement offers from the other side with you thoroughly
• Help and assistance in collecting evidence to support your case
• Exceptional levels of knowledge, understanding, and experience with complex legal and medical arguments
• Your solicitor will handle all communications on your behalf
• Commitment to achieving maximum compensation

To speak to a solicitor and find out if you have a valid laser eye surgery claim, call 0800 470 0474 today to arrange a free case assessment. Alternatively, enter your details into the contact form below, and a legal adviser will call you back.