Optician & Optometrist
Negligence Claims

What to consider when you claim for optician negligence

• Opticians, optometrists and other medical specialists owe a duty of care to protect patients from avoidable harm.
• You can claim if your eyesight or health suffered due to a specialist's misdiagnosis, incorrect lens prescription, medical mistake or other negligence.
• There is a 3-year time limit to claim, from the date you learned you were the victim of negligence.
• To give your claim the best chance of success, and to protect you from further harm to your vision, you should start a claim as soon as you can.
• You're eligible to claim under a no win, no fee agreement.
• Your compensation will depend on the degree of harm to your eyesight, and the impact on your life and ability to work. You can find out how much you can claim with our compensation calculator.
• Compensation will cover medical expenses, vision aids like glasses, and corrective treatment where possible.

Optician errors can have serious consequences – claim the compensation you deserve

When we visit an optician, we trust them with one of our most vital senses - our vision. However, mistakes made by an optician can lead to serious consequences, from incorrect prescriptions and delayed diagnoses to more severe issues like retinal damage or undiagnosed eye conditions.

If you've suffered harm because of an optician’s negligence, you can compensation for the impact on your vision and overall well-being.

If poor eye care or mistakes by your optician have caused you harm, a specialist injury solicitors will help you claim No Win, No Fee compensation. Your solicitor will guide you through the process of making a claim, to ensure that you receive the compensation you need.

Optician negligence can often have serious consequences - you are not alone

NHS data shows that over 41,000 people were admitted to hospital with eye injuries and eye conditions, in 2022-23 (nhs.uk).

If an optician or optometrist has failed to correctly diagnose an underlying eye injury or illness or has failed to rectify an eye problem properly, and you have sustained further injury as a result, you may be able to make a clinical negligence claim.

If you are looking for information on eye injury symptoms and treatment, see: eye injury (nhs.uk).

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.

How much compensation can I claim for optician negligence?

The compensation you're eligible to claim for an optician's negligence depends on:

• the nature and severity of your injury,
• how your injury interferes with your daily activities and job,
• any costs or financial impacts you?ve suffered 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 is compensation for quantifiable financial losses you've incurred as a result of your eye injury. Compensation can include loss of earnings, including potential lost commission, bonuses or promotions, and any additional expenses directly related to your injury.

These damages will also cover any medical or treatment bills, such as corrective treatment 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 optician negligence compensation payouts

The following optician negligence 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

Types of ophthalmic negligence:

• Misdiagnosis or an eye condition - This may have resulted in the wrong kind of treatment, for example prescribing the incorrect kind of contact lenses or glasses, causing vision to deteriorate faster.
• Failure to notice an eye condition - The condition may have gone untreated and worsened over time, causing further problems.

Mistakes and errors made through optician negligence can cause both physical and psychological harm to patients. Compensation can be claimed for both aspects.

Physical symptoms of optician negligence:

• Headaches and migraines
• Blurred vision
• Dry eyes
• Double vision
• Partial or full loss of eyesight

Psychological symptoms of optometrist negligence:

• Depression
• Anxiety
• Low self-esteem
• Lack of confidence
• Quality of life affected

Am I eligible for optician negligence compensation?

Yes, you can start a compensation claim for optician negligence, if:

• you were made ill within the last 3 years, and;
• another person was responsible, and;
• that person owed you a legal duty of care.

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 do I have to make a negligent optician claim?

You usually have 3 years to make an optician negligence claim, from the date you learned you were harmed by the substandard care (the date of knowledge).

For an injured child, the three-year limitation period begins on their 18th birthday, giving them until they are 21 to start a medical negligence claim.

How do I make an optician negligence claim?

Medical negligence claims require a medical examination from an expert, who will determine the extent of your injury and compile a report. This report will then be sent to the other side by your solicitor who will examine the claim before coming to an agreement.

You solicitor will arrange for this examination to be carried out, and the cost will be covered under the No Win, No Fee agreement.

Optician clinical negligence claims

Clinical negligence is the most common basis for optician negligence claims. Click the icon below for details on the claims process.

Medical negligence Other accidents

Author:
Chris Salmon, Director

About the author

Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.