The Claimant (C), a male in his seventies, received £8,250 in eye surgery compensation after the incorrect surgical procedure was initially carried out. This medical negligence resulted in the need for a repeat eye operation as well as an eye infection, pain, and the permanent narrowing of the appearance of his eye.
Background information on C’s eye surgery claim
Our client was due to have a right lateral strip procedure and tarsal conjunctival diamond performed under local anaesthetic - this is a surgery to the lower eyelid.
However, details of the required surgery were incorrectly recorded by medical staff as correction of entropion with right lateral tarsal strip and everting sutures (to turn an in-turning eyelid out). As a a result, the incorrect eye surgery procedure was carried out.
The incorrect surgery caused C to have everting sutures which subsequently caused an eye infection and pain that required oral antibiotics to treat. This lasted for six weeks.
In the end, C had to have additional eye surgery which materially contributed towards narrowing of the palpebral fissure (the distance between your open eyelids). This made his right eye appear smaller, causing a small cosmetic deficit.
How was C’s eye surgery claim calculated?
C’s eye surgery claim was settled out of Court and totalled £8,250. The Judicial College Guidelines (A) Injuries Affecting Sight and (H) Minor Eye Injuries were used. The majority of the settlement covered Pain, Suffering and Loss of Amenity damages.
- Pain, Suffering and Loss of Amenity (General Damages): £7,621
- Other losses: £629
Following the incorrect procedure, C had significant right sided facial bruising which was upsetting to not only him but also his family. He also had aching around the right eye which stopped his normal day-to-day activities including swimming, gardening and helping around the house. Every time he bent down he had a throbbing feeling around the right eye and he was concerned that he may be doing some harm. These symptoms lasted for around six weeks.
C continues to suffer from watering of both eyes, particularly at night. He needs to constantly dab the eye during the day and his tears will occasionally splash on his glasses when he his reading and when he is driving, which irritates him.
He also has occasional sickness in the mornings and is aware of the asymmetry of the palpebral fissure (between the upper and lower lids) making the eye look smaller.
Because of concerns around his right eye in particular, he wears protective goggles when he is gardening.
Do you have an eye surgery claim?
If you believe you have experienced medical negligence and have an eye surgery claim, please don’t hesitate to get in touch with our specialist team of Medical Solicitors. We offer free, no-obligation legal advice as part of our complete process, and we offer most claims under a Conditional Fee Agreement (also known as ‘No Win, No Fee’).
It’s important that you seek legal advice as soon as possible as medical negligence claims have time limitations and, the earlier you begin your eye surgery claim, the better chance you have of putting together a compelling case. Nevertheless, if you are concerned about deadlines and are worried your case has passed the time limitation, please still contact us as there are exceptions and the Court can exercise its discretion.
For anybody who has suffered sight loss as a result of medical negligence, please have a read of our complete sight loss support guide. We share advice on how to adapt to your new lifestyle and information about support groups you may want to connect with.