Optician Negligence Claims

Opticians, like all medical practitioners, are legally obliged to provide you with reliable, safe and effective care. Breaches of this duty can result in pain, vision problems, emotional distress and even loss of sight. Common types of negligence include wrong diagnosis, medication errors and prescribing the incorrect strength glasses.

If you have suffered an illness or injury because of negligent treatment given by an optician, the solicitors we work with would be pleased to assist you in claiming the personal injury compensation you deserve. Your solicitor will work on a no win no fee* basis, which means you can seek compensation without having to face any financial risk.

The following guide provides information on optician negligence claims, including negligent laser eye surgery and how you might make a successful claim for compensation if you have been the victim of substandard care.

To find out if you could claim compensation, call 0800 470 0474 today to speak to a legal adviser. Or, do not hesitate to use our online claim form to request a call back.

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Table of Contents

• What is optician negligence?
• What are the different types of optician negligence?
• What damage can optician negligence cause?
• Can I make an optician negligence claim?
• Can I make a claim if I suffer an injury following laser eye surgery?
• What is the process of making a claim against an optician?
• Providing proof of negligence for your claim
• Can I make a medical negligence claim against the NHS?
• How much compensation will I be awarded?
• Can I claim optician negligence compensation on behalf of my child?
• What is the time limit to claim compensation?
• Can my claim be made on a no win no fee basis?

What is optician negligence?

Opticians are highly trained professionals to identify and treat defects in eyesight and detect signs of eye problems. Their primary responsibilities include:

• Check your vision to see if you need glasses or contact lenses
• Prescribe the right glasses and lenses for you
• Make sure your glasses fit well and provide adjustments if they don’t
• Offer advice on suitable eyewear care, maintenance, and hygiene
• Diagnose eye diseases and conditions
• Refer you to a specialist when necessary
• Prescribe medicine for eye diseases
• Suggest exercises to improve your vision

Optician negligence refers to a situation where the professional has failed to provide you with a reasonable standard of care. If you have suffered harm or an injury as a result, you may be able to make an optician medical negligence claim.

There are three main types of negligence:

• Gross negligence is the most severe form and means your optician behaved recklessly and ignored their duty to you in a way that no reasonable person would in the same situation.
• Vicarious negligence means the business or hospital that employed the optician is held responsible for your injury.
• Contributory negligence means you share some responsibility for your harm. You are still eligible to make an optician negligence claim, but the compensation you receive will be reduced based on the percentage of blame you bear.

What are the different types of optician negligence?

There are several ways in which an optician may provide negligent care. An optician injury claim could arise from any of the following situations:

• Wrong diagnosis of an eye illness
• Failure to recognise and diagnose a condition at all
• Errors made during eye surgery
• Delayed treatment of an eye condition
• Prescribing the incorrect medicine or dosage
• Failure to provide adequate information and obtain informed consent
• Using unsanitary tools while performing examinations
• Giving the wrong strength of glasses or contact lenses
• Failure to refer you to a specialist

When an optician makes an error like those above, the impact on the patient can be significant and is not limited to sight or physical damage. The emotional distress caused by such negligence can be substantial, so your solicitor will strive to ensure that all suffering is considered in the negotiations for your final compensation settlement.

What damage can optician negligence cause?

When an optician provides substandard treatment or care, a patient can suffer from a host of physical and emotional complaints. Some of the most common symptoms caused by optician negligence include:

• Blurred vision
• Cosmetic damage to the eye and face
• Headaches and dizziness
• Dry and painful eyes
• Double vision
• Partial or total loss of sight
• Depression
• Stress and anxiety
• Lack of self-confidence
• Loss of independence
• Lack of confidence in medical services and further treatment plans

The above symptoms can severely impact your quality of life and your ability to perform daily tasks and work as you did before the negligence occurred.

Suffering medical negligence of any kind will likely severely impact a person’s confidence in future treatment. Although most opticians work entirely within the law and have exceptional standards of care, we empathise with those who have suffered from poor treatment. Your solicitor will ensure full consideration is given to all areas of suffering and loss to secure the highest optician compensation possible.

Can I make an optician negligence claim?

If you have suffered any harm to your eyes due to negligence, you can likely make an optician injury claim. Claims for optician negligence can be complex, and your solicitor will work closely with medical experts to ensure they have a thorough overview of your condition to secure the maximum compensation possible.

Your optician has a legal obligation to provide you with a reasonable level of care. To be found liable for the harm caused to you, your solicitor must prove the following:

• A breach of duty. That means the optician failed to provide a standard of care that a reasonably competent one would have provided in similar circumstances. Examples include misdiagnosis, prescription errors or failure to perform proper eye examinations.
• Causation. You must establish that the breach of duty directly caused your injuries or worsened your condition. This requires demonstrating that your outcome would have been different had the optician not been negligent.
• Damages. You must prove that you suffered losses due to the optician’s negligence. These could include medical expenses, pain and suffering, lost wages or loss of earning capacity.

If you have a valid case and want to proceed, you will be paired with a no win no fee solicitor. So you won’t have to worry about any upfront costs, and if they cannot win your claim, you won’t pay a penny. However, please remember that you have three years from the accident date to claim compensation for negligence, so it is important that you act fast.

Can I make a claim if I suffer an injury following laser eye surgery?

Laser eye surgery is becoming increasingly popular as it is usually safe and can permanently remove the need to rely on glasses or contact lenses. However, it is a delicate procedure that must be carried out with thorough care and precaution.

There are various types of eye surgery, and your surgeon will advise which one is best for you. Laser eye surgery staff are bound by the same laws as opticians, so any breach of their duty of care to patients that subsequently causes harm or suffering will likely entitle you to make a claim for compensation.

Failure to meet the acceptable treatment standards in this area can lead to various consequences, such as:

• Pain and discomfort
• Sight impairment and even permanent damage to the eye and vision
• Worsened or new vision issues, such as blurred vision, double vision, glare, halos, or difficulty focusing
• Eye infections, which can be painful and potentially damaging to vision
• Chronic dry eyes
• Overcorrection or under-correction
• Problems with night vision, such as increased glare or halos around lights

To find out if you have a valid laser eye surgery claim, call 0800 470 0474 or request a call back to receive a free consultation with an experienced legal adviser. If your case has merit, they will help you start the personal injury claims process, offering support and advice at every step.

What is the process of making a claim against an optician?

The first stage in the claims process is a consultation with a solicitor to determine if you meet the criteria to start a claim for optician negligence compensation. This service is provided entirely free of charge and without any obligation to continue with a legal case.

If you have a valid optician injury claim and want to continue, your solicitor will offer you a no win no fee service. This agreement, along with the details of the service provided, will be fully explained to you by the solicitor.

You will then receive some paperwork that will need to be signed. That is the no win no fee agreement, also known as a conditional fee agreement. Once signed and returned to your solicitor, they will have the authority to start working on your behalf.

Your injury lawyer will then start to gather the necessary evidence to support your case. That will include medical proof of your injury, receipts and other evidence of any financial losses.

The details of your negligence claim will then be sent to the optician and their insurance company. They are referred to as the defendants and will have three months to accept or deny liability for the accident and injuries you sustained.

If the optician accepts liability, the solicitor will then begin negotiating a suitable compensation award. Your settlement will be based on a thorough assessment of general and special damages, as you can see in one of the sections below.

If you can agree on an award that is acceptable for both parties, the case will conclude, and you will receive payment of your compensation.

If liability is denied or negotiations regarding compensation are unsuccessful, your legal team may need to initiate court proceedings against the optician. Although most cases settle outside of court, your injury solicitor will take this step if necessary to ensure you get the compensation you legally deserve.

Providing proof of negligence for your claim

To make a successful optician negligence compensation claim, you must prove the extent of your injury and why your optician was to blame. Without sufficient evidence, it is unlikely you’ll be able to secure compensation for negligence.

Your solicitor will work hard to build a strong case and prove medical negligence. The evidence they will try to collect to support your claim could include:

• Medical records that show the injury you suffered due to optician negligence. They will also help determine whether you received the correct treatment for your eye condition;
• A copy of the prescription your doctor recommended to check if you received the right strength lenses;
• Any official complaints you made to the doctor or hospital that treated you and their response;
• An expert medical report from a qualified specialist who can assess the type of negligence you suffered and its impact on your eye health;
• Witness statements from friends or family members who were with you during treatments and can describe how it has affected your life;
• Photographs of any visible damage to your eyes;
• They will also need evidence of any financial losses you incurred, such as prescriptions, lost wages or travel expenses for medical appointments.

Can I make a medical negligence claim against the NHS?

Yes. You can start an optician negligence claim against private opticians and those working for the NHS. According to the NHS Constitution, you can expect all their services to be safe and effective and carried out by staff with the highest skill and knowledge levels.

However, medical professionals can sometimes make mistakes, which could lead to a compensation claim. All claims against the National Health Service are dealt with by NHS Resolution, an arm’s length body of the Department of Health and Social Care. It is funded by each NHS Trust that pays an annual insurance premium.

If you make a successful claim for optician negligence, your compensation will come from these premiums. You can rest assured that your claim will not affect the funds allocated for patient care and treatment.

How much compensation will I be awarded?

To determine how much optician negligence compensation you should receive, your solicitor will consider the following:

• How severe your symptoms are
• The effect that these have had on your life
• Whether there will be any lasting impact, such as permanent vision loss or scarring, for example

These are known as general damages and cover the pain and suffering caused to you by the injury, as well as other subjective losses like:

• Loss of ability to engage in hobbies and other activities
• Loss of consortium
• Loss of a unique career
• Decreased quality of life

Your solicitor will also assess any financial losses you have suffered because of the optician’s negligence. These are referred to as special damages and will enable you to recover:

• Any loss of earnings during recovery
• Loss of earning capacity
• Private treatment costs
• The cost of any visual aids you might need if your vision has been significantly impaired

Your solicitor will strive to achieve the highest compensation for medical negligence on your behalf. The process starts with a free consultation, which you can arrange by calling 0800 470 0474. During the consultation, a fully trained adviser will answer any questions you might have and provide details on how your case will progress.

Once they have analysed the information you provide, your solicitor will use their experience to assess your case’s likely success and estimate how much compensation you could claim. Based on the Judicial College guidelines, you could receive:

• £2,070 – £8,200 for minor eye injuries with complete recovery
• £8,550 – £19,690 for minor but permanent vision impairment
• £22,230 – £36,960 for severe but incomplete loss of vision
• £46,240 – £51,460 for loss of sight affecting one eye
• £51,460 – £61,690 for the loss of one eye
• £60,010 – £99,440 for loss of sight in one eye and impaired vision in the remaining eye
• £90,100 – £168,730 for blindness in one eye and risk of vision loss in the other
• Around £252,180 for complete loss of sight in both eyes

Can I claim optician negligence compensation on behalf of my child?

If your child suffered an eye injury due to negligence, you could be able to claim compensation on their behalf. To claim for them, the court must appoint you as their litigation friend. Your personal injury solicitor will take care of the necessary forms and guide you through the process.

The court will appoint you if they can determine that:

• You have no conflicting interests with those of the child
• You can conduct legal proceedings in a fair and competent manner

Once you become a litigation friend, the claims process is similar to any other personal injury claim. You will help your solicitor gather evidence to support your case and will have several other duties, such as:

• Make decisions about the claim
• Sign legal documents and deal with correspondence
• Act in the child’s best interests
• Instruct solicitors and take legal advice
• Attend court hearings
• Pay any fees requested by the court
• Consider any compensation offers from the defendant

If you win the optician injury claim for your child, a judge must approve the awarded settlement during an Infant Approval Hearing. They will examine the available evidence to determine if the compensation is fair and sufficient. Any funds awarded will be kept in a court bank account until the child’s 18th birthday, when it will be released to them.

What is the time limit to claim compensation?

If your optician failed to provide adequate care, you have three years to claim from when the negligence occurred. This time limit is set by the Limitation Act 1980, which also provides for several exceptions:

• You have three years to claim from the date of knowledge if the injury does not become immediately apparent or you develop an eye problem over time.
• For children, the claim limitation date only starts on their 18th birthday. A parent or legal guardian could claim on their behalf anytime before that.
• There is no time limit to make a claim if the injured person cannot start the optician negligence claims process themselves. That could be due to a condition like Down syndrome or Alzheimer’s. In this case, a litigation friend could claim for them.
• If you received negligent treatment by an optician abroad, the time limit could vary between countries and may be shorter than three years.

Medical negligence claims are usually more complex than other cases. Your solicitor may need a lot of time to investigate your case and gather the necessary evidence to secure compensation. Thus, we recommend you start your claim as soon as possible to increase your chances of success.

Can my claim be made on a no win no fee basis?

If you have grounds to make an optician injury claim, the medical negligence solicitors we work with will offer you a 100% no win no fee arrangement. That means you will not have to pay any legal fees for their services and will not be out of pocket if your case fails. Your solicitor only gets a success fee of up to 25% of your settlement if they win compensation.

If you make a no win no fee claim, you do not have to worry about the costs of litigation either. The After the Event (ATE) insurance policy included in your arrangement will cover all your expenses, such as:

• The defendant’s legal costs and solicitor fees
• Medical reports and expert witness fees
• Travel expenses
• Costs of paralegal and other staff time
• Court and counsel fees

To find out if you can start a no win no fee optician negligence claim, call 0800 470 0474 today to speak to a legal adviser. They will offer you a free case assessment and let you know if you may be able to claim. You can also request a no-obligation call back by entering your details into the contact form below.

Last edited on 11th Feb 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.