Laser Eye Surgery
Negligence Claims

Key advice when claiming for laser eye surgery negligence

• Up to 30% of LASIK patients experience complications.
• If you have suffered an injury or adverse effects after eye surgery due to negligence, you can claim compensation.
• You have up to 3 years from the date of your injury to start a claim.
• Compensation ranges from around £4,000 for a very short-term eye injury to over £60,000 for loss of sight in one eye. Check our compensation calculator to see how much you could claim.
• You can claim on a no win, no fee basis.

If an eye surgery injury has set you back, we'll help you move forward

Laser eye surgery, a procedure designed to improve vision and reduce dependence on glasses or contact lenses, can be life-changing. However, when this delicate surgery goes wrong due to medical negligence, it can lead to severe vision problems, discomfort, and emotional distress.

Recent research has estimated that between 10% and 30% of LASIK patients experience complications, and a clinical trial published by the FDA found that almost 50% of patients experienced "new visual symptoms" following the procedure. (The Guardian)

If your life, or the life of a loved one, has been affected by laser eye surgery negligence, we can help. If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.

You can make a No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.

What is laser eye surgery?

Laser eye surgery, with LASIK (laser in-situ keratomileusis) being the most common type, is a non-essential procedure that corrects vision problems, often eliminating the need for glasses or contact lenses. The procedure involves reshaping the cornea using a laser.

Other options include LASEK (laser epithelial keratomileusis) and PRK (photorefractive keratectomy). Typically not covered by the NHS, private laser eye surgeries can be performed by any medical doctor who is registered, not necessarily an ophthalmic surgeon or a specialist in laser refraction.

For more information on laser eye surgery procedures, visit: laser eye surgery and lens surgery (nhs.uk).

You are not alone

The number of people seeking laser eye surgery has grown significantly in recent years. Over 100,000 people undergo laser vision correction surgery every year in the UK. (source: opticianonline.net)

The number of people receiving poor treatment has risen broadly in line with the number of procedures. According to the Royal College of Ophthalmologists, around 1 in 10 people who have laser eye surgery need further surgery after the initial procedure, and 1 in 5000 patients require a corneal transplant.

303 new ophthalmology negligence claims were referred to NHS Resolution in 2022/23 (resolution.nhs.uk).

If you decide to make a laser eye surgery claim, your medical negligence solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.

How much compensation can I claim for laser eye surgery negligence?

The compensation you can claim for laser eye surgery negligence will depend on:

• the extent of your injury,
• how your injury influences your daily activities and work abilities,
• any financial losses or costs you have incurred due to your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages are for financial losses and expenses you have incurred because of your accident, including lost wages, commission and any other income. Special damages will also cover any care costs and medical procedures you need, such as corrective surgery and psychological support.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Average laser eye surgery general damages compensation table

The following laser eye surgery payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Eye injury

Am I entitled to make a laser eye surgery claim?

You can claim for laser eye surgery negligence, if:

• you were injured within the last 3 years, and;
• another party was to blame, and;
• that party owed a duty of care to protect you from foreseeable risks.

Find out online if you can claim with our injury claim calculator. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.

How long after negligent laser eye surgery do I have to claim compensation?

You usually have 3 years to make a laser eye surgery claim. The timelimit starts from the date you discovered you were injured by negligent care (the date of knowledge).

What are the risks of laser eye surgery?

The majority of people who undergo laser eye surgery experience no complications other than minimal discomfort in the months following the operation.

According to UK studies, in around 5% of cases, the safety and effectiveness of the laser eye surgery is compromised. US data suggests adverse effects as much more common. Patients may develop complications or unacceptable outcomes including:

• damage to tear ducts causing painfully dry eyes
• ghosting or double vision
• sensitivity to glare
• chronic eye inflammation
• scarring of the cornea
• poor night vision
• migraines
• partial or complete blindness.

How we have helped others

Every year our panel of solicitors help people who have suffered complications as a result of laser eye surgery seek financial compensation and, where possible, corrective treatment.

Our network of expert medical negligence solicitors have advised clients who have suffered damage or disability as a result of:

• surgical error
• the suitability of the surgery not being fully determined before the procedure
• inaccurate information about the potential risks of the surgery
• defective laser equipment
• poor standard of post-operative care.

Injury solicitors take care of the negotiations and fight hard to ensure that clients achieve maximum compensation awards for laser eye surgery negligence claims.

Who can I make an eye injury claim against after a negligent procedure?

Your solicitor will make a claim against the medical professional who performed the laser eye surgery, or their employer. If your injuries were caused by defective equipment, a claim may be brought against the manufacturer.

In each case, it is usually the defendant's insurance company who would pay compensation.

What can I do to help win my eye injury claim?

There are several steps you can follow to support your laser eye surgery negligence claim.

You should make a note of the conversations you have had with clinic staff, both in the time leading up to the surgery and during the post-operative recovery period. In particular, you should keep any warnings given about the suitability and potential risks of the surgery.

Your solicitor will study your medical and optician records in detail. They will then instruct a qualified ophthalmic expert to examine your medical records thoroughly and establish whether the laser eye surgery was negligent in any way and whether it caused your symptoms.

Your solicitor will also arrange for an independent eye expert to examine your injuries, to help calculate your compensation. To ensure you get the full amount you're entitled to claim, you could keep track of any and all symptoms you experience, from migraines to blurred vision.

Laser eye surgery clinical negligence claims

Most eye surgery negligence claims involve clinical negligence. Click the icon below to explore the next steps in the claims process.

Medical negligence Other accidents

Sources

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.