Claiming Compensation for Laser Eye Surgery


author image - oliviah

By Oliviah Rix-Taylor

on Monday 17 December 2018


Laser eye surgery

As one of the most common elective surgeries in the UK, laser eye surgery (also known as ‘refractive surgery’ or ‘vision correction’) is a favoured treatment for those looking to permanently improve their eyesight and do away with the cumbersome inconvenience of glasses or the daily irritating routine of contact lenses.

Like any surgery, however, laser eye surgery depends on the skill of the surgeon undertaking the procedure and the standard of the equipment used in the process. While the level of risk is low (the Royal College of Ophthalmologists tell us that more than 95% of people who've had refractive surgery are happy with the results), mistakes do happen and if you end up that rare victim of laser eye surgery gone wrong, you will be rightfully looking for compensation.

What is laser eye surgery negligence?

Laser eye surgery is a simple concept, but difficult to undertake surgical procedure, that involves cutting a small flap on the cornea with a laser in order to reshape the eye to correct any abnormalities or problems that affect vision. If it sounds delicate, that’s because it is – and it’s easy to understand how laser eye surgery can go wrong.

Refractive surgery surgeons are highly trained and qualified people whom you trust to undertake the process with the utmost care and concentration and if you leave the process a laser eye surgery victim rather than an advocate, then you should be considering a laser eye surgery negligence claim to mitigate your suffering.

Laser eye damage doesn’t just occur due to a lapse in skill on the part of the surgeon involved, it can also be due to a sub-standard level of equipment supplied to them by the hospital. It is the institution’s responsibility to maintain all laser eye surgery equipment and for regular upgrades with the equipment to be installed. Advances in technology in the field occur every year, and each new iteration of the equipment improves the level of safety and diminishes the chance of a cosmetic surgery negligence claim being made against the hospital.

A claim that has come about due to a poor standard of equipment is ever bit as valid as any other laser eye surgery compensation and comes under a similar banner of medical negligence.

How much compensation can I get for laser eye surgery complications?

Eye injury compensation varies depending on the severity of the damage. Like all other personal injury compensation claims in the UK, vision correction claim amounts are awarded based on a set of guidelines that ensures fairness and uniformity across the nation.

The guidelines for laser eye surgery awards are as follows:

Severity Compensation
Transient Eye Injuries£1,760 to £3,150
Minor Eye Injuries£3,150 to £6,960
Complete Loss of Sight in One Eye£7,270 to £43,710
Total Loss of One Eye£43,710 to £52,360
Loss of Sight in One Eye with Reduced Vision in the Remaining Eye£50,970 to £143,270
Total Blindnessin the region of £214,210
Total Blindness and Deafnessin the region of £322,060

The amount of compensation you will be award will take into account a multitude of factors, including:

  • Loss of earnings due to the negligent surgery

  • Compensation for pain and suffering

  • Expenses accrued through the process (medical bills, travel expenses etc.)

  • Additional costs for any home alterations or other lifestyle changes to accommodate any permanent change in eyesight

It is important that you keep any records or other documentation that relates to your claim in order to maximise the award.

Should I accept an out-of-court settlement? Will I get more in court?

Most personal injury compensation claims are settled before a court appearance is necessary. The legal teams on both sides are usually very experienced and will be aware of the most likely court decision anyway and can help save a substantial amount in fees by making an agreement that satisfies both parties without needing to take it to a higher body. Just like the courts, the solicitors have full access to the financial guidelines that govern compensation payouts and can make a judgement based on those figures.

When fighting medical negligence claims, especially if against a well-established body, the defending legal team will do everything it can to remain resolute in their defence of their client and their reputation. This can work both for and against the victim making a compensation claim – against because the body of evidence required to back up a medical negligence claim is considerable, but for because a solid out-of-court settlement may be possible to protect the reputation of the surgeon involved.

It is important that when making a claim of this nature you have the finest legal team available to you. Thankfully, we at Accident Line Direct have a specialised team of medical negligence experts that are second to none and ready to take your claim through to fruition.

How can Accident Line Direct help with my compensation case?

When making a case for medical negligence it is important that you have a team of proven experts behind you. Accident Line Directs team of solicitors are dedicated experts in cases of medical and clinical negligence, with decades of experience and any difficult cases won.

Importantly, we work on a No Win No Fee basis because we believe that everyone – no matter their financial background or current means, is entitled to top-quality legal representation and a lack of immediate funding shouldn’t prevent anyone from having he best chance possible of receiving a fair and just compensation pay out.

What is No Win No Fee?

By throwing ourselves in with our clients, we work together for a joint success. We do not take a single penny in fees from you throughout the process – there are no hidden costs and no subtle small print. Our money is made through accepting a minor percentage of the final compensation award so if you win, so do we.

And if together we lose, it doesn’t cost you anything.

No Win No Fee compensation lawyers always work to the best of their ability to win the most substantial financial award possible, and when you have a team like ours, that ability is very high. While we cannot guarantee to win every case, we will do our utmost to secure a favourable financial situation for you and have a very high success rate.

How do I initiate my compensation claim for laser eye surgery negligence?

Fill in our contact form to have one of our specialist advisors call you back at a time convenient to you. Or if that time is now, simply pick up the phone and give us a ring. Our front-line team are understanding and compassionate, as well as being well-trained in the world of compensation claims. They will be able to take the overview of the case and assess its likelihood of success, passing you on to the right team member to take it to the next level.

Personal injury claims have a limitation on time, so don’t delay with initiating your claim and run the risk of missing out entirely – call today and start on the path to significant financial compensation.

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