A Guide to Claiming Eyelid Surgery Negligence Compensation

If your life, or the life of a loved one, has been affected by eyelid surgery blepharoplasty negligence we can help.

The purpose of this guide is to help anyone who has suffered eyelid surgery blepharoplasty negligence and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

Introduction

Blepharoplasty surgery, or eyelid surgery, is the second most popular cosmetic surgery procedure in the UK, with over 7,800 operations performed last year.

As with any cosmetic surgery, there are risks inherent to the blepharoplasty procedure. Where a negative outcome is the result of negligence, however, or an injured patient was not told of the risks before surgery, it may be possible to claim compensation.

Blepharoplasty surgery

Do I have an eyelid surgery negligence claim?

Medical negligence claims differ from personal injury claims as the following will need to be established:

  • there was a breach of duty ("negligence" or "fault"); and
  • the breach of duty was the cause of your injury, damage or loss ("causation" or "avoidable harm").

Breach of Duty

A breach of duty means that the standard of care you received was below the standard that could reasonably be expected of a competent healthcare professional.

Causation

To establish causation, it will need to be demonstrated that the injury you suffered resulted from the negligent care rather than the underlying condition.

Get an impartial opinion

To get impartial advice on whether you have a claim, speak to an eyelid surgery negligence claim expert on 0800 612 7456.

A brief phone consultation will tell you exactly where you stand. There is no obligation to start a claim.

You can also find out if you have a claim with our Online Claim Checker.

Is compensation always payable?

If an error occurred during treatment and the patient was harmed as a result, this may be referred to as an "undesirable outcome".

Not all treatment that results in an undesirable outcome will result in the payment of compensation.

Sometimes an undesirable outcome is due to a known risk associated with the treatment, or due to a mistake that a doctor could reasonably have made in the circumstances.

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an eyelid surgery negligence claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What if I was diagnosed months after the eyelid surgery negligence?

Depending on how your eyelid surgery negligence happened, the three-year time limit may only start from the date you are diagnosed and learn of the cause of your injury. In some cases, this can be months or years after the cause occurred.

Do I need a final diagnosis to make an eyelid surgery negligence claim?

If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start an eyelid surgery negligence claim after an accident, the more likely your claim is to succeed.

Check my claim

How long do I have to start a claim?

If your injury is apparent immediately after medical treatment, you will have 3 years to start a claim.

It may be that the negligent procedure happened more than 3 years ago, but your injury was only diagnosed recently, within the last 3 years. If so, you may still be able to make a claim.

What if your injury was diagnosed months or years after treatment?

You may not be immediately aware of your injury. In some cases, months and even years can pass before symptoms appear.

The law allows you to make a medical negligence claim up to three years after the 'date of knowledge' (when you first learned of the injury).

It is recommended that you start a claim as soon as possible, as medical negligence cases can be complex. Starting your claim sooner will give your solicitor more time to gather medical evidence, assess the extent of your injury and to negotiate interim payments and your final compensation amount.

What is normal after blepharoplasty surgery?

As eyelid surgery is an invasive procedure, it is normal to feel some pain and discomfort following surgery. Symptoms following the procedure might include swelling, bruising, and dry, itchy or watery eyes, which should clear gradually as your skin heals. However, if these symptoms continue for longer than your medical professional expects, it may be a sign of negligent surgery.

Symptoms that could point to incorrect surgery

If the surgery was performed without due care and attention, side-effects and symptoms that may result in a claim include:

  • Infection
  • Difficulty closing eyes
  • Damage to corneas
  • Double vision
  • Haemorrhage causing bleeding into the eye socket, which could damage the optic nerve
  • Poor technique leading to uneven appearance
  • Droopiness of the lower lid

The claim will be made against the medical professional or the cosmetic surgery practice they work for. If the surgery is carried out under the NHS, the claim may be made against the local NHS Trust. or hospital.

What can I claim compensation for?

If your blepharoplasty surgery has gone wrong, you may be able to claim for the following:

  • Pain and suffering
  • Psychological damage
  • Costs for corrective surgery
  • Income lost due to incapacitation

Eyelid surgery is often performed to improve a person's appearance or to correct a medical problem. Due to the nature of the surgery, if it goes wrong it can be very damaging to a person's quality of life. It may affect their self-confidence as it might result in a change in their appearance. It may also affect their ability to continue living as before. For example, if the surgery affects a person's eyesight, they might not be able to continue driving, which could impact on their livelihood.

Making a claim against the person or practice responsible can go some way to alleviating these problems, and covering costs for further surgeries to correct the sub-standard surgery.

How much compensation can I claim for eyelid surgery negligence?

The amount of money you could claim for your eyelid surgery negligence will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your eyelid surgery negligence has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an eyelid surgery negligence? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

What is the average injury compensation for an eyelid surgery negligence claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an eyelid surgery negligence will depend entirely on your specific circumstances.

Your eyelid surgery negligence compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

See the injury table above for some examples.

Find out what your eyelid surgery negligence claim could be worth now

Assessing a claim's value at the outset can be complicated, particularly if you have multiple injuries.

If you would like a FREE claim estimate with no obligation to start a claim, call 0800 612 7456.

Alternatively, our compensation calculator will give you an instant estimate of what your claim is worth.

Can I claim for physiotherapy and private care costs?

Private treatment can be expensive, but funding towards the cost of this treatment frequently comprises part of a compensation award. Your solicitor may even be able to arrange access to private medical care as soon as your claim is accepted.

I can't find my injury in the table, can I still claim?

The table is a list of the most common injuries associated with an eyelid surgery negligence claim. You can see the full list of injury awards here: Judicial College Injury Tables.

Calculate my claim

Caring and sensitive support

Your solicitor will handle your eyelid surgery negligence claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

No win, no fee, no risk

No win, no fee means that your solicitor will not charge you any legal fees if your eyelid surgery negligence claim is unsuccessful. 'No win, no fee' is also referred to as a 'Conditional Fee Agreement' or 'CFA'.

No win, no fee guarantee

Our no win, no fee guarantee means there is no financial risk in making an eyelid surgery negligence claim, even if you don't win your claim.

What do I pay if I win my eyelid surgery negligence claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my eyelid surgery negligence claim?

If your eyelid surgery negligence claim is not successful then you do not have to pay any legal fees whatsoever.

Read more about making a No win, no fee claim

Please note, under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

How can Quittance help?

Our highly experienced panel of solicitors have an excellent track record of winning medical negligence claims. Your solicitor will fight for the best possible compensation settlement for you.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Eyelid Surgery Negligence FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

How long will my claim take?

The length of time needed to secure compensation can vary considerably.

For example, straightforward car accident claims can settle in a matter of weeks, whereas complex medical negligence cases can take years.

Injury claims can also take longer if it is not clear who is responsible for your injury, or if liability is denied by the defendant.

Taken from average case times, this table sets out approximately how long personal injury claims take to settle:

Personal injury claim type

Estimated claim duration*

Road accident claims

4 to 9 months

Work accident claims

6 to 9 months

Medical negligence claims

12 to 36 months

Industrial disease claims

12 to 18 months

Public place or occupiers’ liability claims

6 to 9 months

MIB claims (uninsured drivers)

3 to 4 months**

CICA claims (criminal assault)

12 to 18 months**

*RTA and other claims processed through the Ministry of Justice portal can settle faster.
**Official Criminal Injuries Compensation Authority (CICA) Government agency and Motor Insurers’ Bureau (MIB) figures.

Read more about how long personal injury claims take.

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by Quittance’s solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert