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Optician Negligence Claims
Medical negligence claims are not only for hospitals and GPs. Any health service can fall foul of neglect and errors, including opticians. Eyesight is one of the most important senses and to have it jeopardised, or even damaged by a mistake an optician made can have devastating and long-lasting effects.
What is Optician Negligence?
You can claim optician negligence if the optician who examines your eyes gives an inadequate standard of treatment which results in damage to your eyesight. Both cause and effect must be proven as it is possible for negligence to occur without causing damage, while not all optical damage results from optician negligence.
Examples of optician negligence include:
- An inadequate examination that fails to identify a potential condition which progressively worsens and damages a patient’s eyesight.
- Prescribing the wrong strength lenses for glasses or contact lenses.
Wearing the wrong strength lenses can have debilitating side effects like repeated and severe headaches. It can also permanently weaken a person’s vision in a way that can require corrective surgery to resolve, or which may even be incurable.
Optician negligence can include laser eye surgery negligence. This procedure, where a patient’s cornea is cut open and reshaped using a laser, is becoming more accessible due to a larger number of professionals carrying it out. Unfortunately, not all laser surgery practitioners are as well-trained or as skilled as they should be.
Side effects of failed laser eye surgery can include:
- Excessive tearing and watering of the eyes.
- Damage to tear ducts resulting in excessive dryness.
- Scratches on the cornea, and pain.
- Damaged, and even loss of, eyesight.
What to do now?
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Optician Negligence Claims
How Can We Help?
LPS’s lawyers have vast experience in suing opticians, including those caused by optician negligence. If you have suffered an inferior treatment, which you believe has damaged your vision, get in touch with us to find out if you have a valid optician sue case.
For a medical compensation request to be valid, you need to prove that your treatment was below reasonable expectations and that your injury was the direct result of it. We do this by investigating the circumstances around your claim, and comparing it with treatment and care another optician would provide to see if your experience fell short of what was acceptable.
A medical negligence claim is a long process, requiring months of investigation on both sides before compensation is even discussed. Depending on the circumstances, optician negligence claims can take even longer than the average medical negligence claim due to the complexity surrounding the medical conditions.
We appreciate that if you have had permanent damage to your eyesight that no amount of money will make up for the loss, however, it can help to make your life easier and assist with additional costs you may incur such as mobility aids and rehabilitation treatment. It will also cover income you have lost through not being able to work after your injury.
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Frequently Asked Questions (FAQs)
Medical negligence – What is it?
Medical negligence is a rare occurrence. But when it happens to you, the effects can be devastating.
Although most healthcare patients will be treated effectively, a small minority end up suffering from clinical negligence. This is when a medical professional makes an avoidable mistake, causing you harm in the form of an injury or illness or a worsening medical condition.
Medical negligence also refers to times when a medical professional or organisation fails in their duty of care, causing you injury or harm. This can include:
- Failure to diagnose a condition
- Failure to warn you of the risks of a procedure or treatment
- Failure to prevent an infection being acquired while under their care
If you’ve suffered an injury or had an existing health condition made worse after clinical treatment, you may have suffered from medical negligence. That means you may be able to make a claim for compensation with the help of our medical negligence solicitors.
How do I fund a medical negligence claim?
But in many cases, you don’t need to worry. Solicitors now typically offer a No Win No Fee arrangement – otherwise known as conditional fee agreements – for clinical negligence cases. This was introduced to enable patients who had suffered from malpractice to get the help they needed to recover without facing the stress of funding it all at the start.
A No Win No Fee agreement will allow you to focus on your recovery and putting together the strongest case possible, instead of the potential impact it would have on your finances.
Why should I make a medical negligence claim?
It is not just your physical health that takes a knock when you suffer from medical negligence. You may find that your mental health suffers too. After all, you were harmed by a person or organisation that was there to help treat your initial condition. This breach of trust can have lasting consequences. Getting justice in the form of the compensation you need to help you recover is one way of addressing them.
You may be worried that making a claim will take funding away from the NHS – particularly at a time when it needs it most. But that won’t be the case. The NHS has legal protection in the form of indemnities to cover any potential claims. NHS Resolution is an organisation that focuses on resolving claims in England, meaning that you won’t have to claim directly against the NHS itself.
Another important reason to make a medical negligence claim is that by doing so, you highlight the problem that caused you harm. This allows the hospital or surgery or clinician to address what went wrong and prevent it happening again to someone else.
How long will a med neg claim take?
If the medical organisation responsible for your injury admits liability, your claim will be settled quicker than if they don’t. If liability is denied, you may end up going to court. And although this is rare, it will extend the claims process.
Your solicitor will be able to advise you on how long you can expect your claim to take. They will keep you informed when there are any updates.
How much can I claim in compensation?
The amount that you’ll be awarded will be split into two categories: general damages and special damages.
General damages are awarded to cover the pain and suffering you’ve experienced as a result of your clinician’s negligence. These damages are intended to compensate for any lifestyle changes you have had to make. This includes not being able to take part in your usual hobbies or sports.
Special damages cover any financial impact you’ve suffered because of an instance of medical negligence. This includes any loss of earnings if you’ve been unable to work or any money you’ve had to spend as part of your recovery from the negligent act, such as mobility aids.
Compensation for medical negligence can help you get back in the position you were in before it ever happened. Your health and your future are the most important things.
Get in Touch today and let us know how we can help you 08009961807