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.
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.
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.
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.
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:
- 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.
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 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 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
- 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.
Will a clinical negligence claim affect my benefits?
It may. The receipt of a compensation award could affect the calculation of any means-tested benefits. One approach to protecting your benefits, would be to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?
Eyelid surgery negligence compensation
Calculating how much compensation you can claim for an eyelid surgery negligence injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your eyelid surgery negligence claim could be worth now:
How long does an surgical negligence claim take?
How long it can take to get compensation for eyelid surgery negligence can vary significantly.
A straightforward liability accepted medical negligence claim could be settled in 12 to 24 months. However, if court proceedings are needed it could take considerably longer. Usually, a medical negligence claim should take 12 to 36 months. For more information, see:How long will my claim take?
Will I still be able to claim for an eyelid surgery negligence after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
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. Your solicitor may take out insurance to ensure there will be nothing to pay.
Why do most solicitors charge 25%?
25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. eyelid surgery negligence claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning medical negligence claims.
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:
if you can claim
to start a claim
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.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the 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.
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.
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.
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