In recent years, the number of people who have chosen to have eye laser surgery has increased by a huge amount. For the vast majority of people, this type of surgery is successful and the patient experiences very positive results, however, for a small number of people, eye laser surgery has had a variety of negative consequences. If you have had a bad experience with eye laser surgery then you may consider making a claim for compensation.
Who Can Make A Claim?
Many people think that because the surgery is elective, they are not entitled to make a claim if it does not go according to plan; however, this is not the case. If you have experienced pain, loss of vision, decreased capacity to work, or other lifestyle changes because of your laser surgery then you could well be eligible to make a claim. Although you should have been forewarned about complications before you have your surgery, this does not mean that you have to accept all complications without recourse.
What Responsibilities Do Eye Laser Surgeons Have?
Eye laser surgeons have all of the same responsibilities that any other medical professional has. They must maintain minimum standards of hygiene so that their patients are not put at unnecessary risk of infection, and they must provide reasonable aftercare facilities to patients. In many cases, correct aftercare is the key to successful surgery, so if you are not given any aftercare, then this may affect your chances of recovery. They must also exercise due care and attention whilst performing any surgical procedure. This means that they are expected to follow standard medical practices wherever possible. In addition to this, they must make you fully aware of all of the risks before you agree to have the surgery.
Unfortunately, as a relatively new medical discipline, eye laser surgery appears to be under regulated, which means that some professionals can fail to meet their medical responsibilities.
Is Eye Laser Surgery Available To Everyone?
No, some people are not suitable candidates for eye laser surgery because they come from high risk groups. Before they agree to perform surgery on you, your surgeon should perform certain checks to make sure that you do not belong to one of these groups. For example, it may not be possible to correct the vision of people who have vision which is below a certain standard. Other eye conditions may also exclude people from having this type of surgery. If a surgeon performs the procedure on you, even if you are a member of one of these high risk groups, then you may be able to make a claim against them.
Main Types Of Claim
In general, claims fall into three types, depending on what sort of negligence was responsible for the failure of the surgery: pre-surgery negligence, during surgery negligence and post surgery negligence. If your surgeon allows you to have surgery without giving you full details about the risks, then you cannot make proper and informed consent about the surgery, and therefore any waivers that you signed before the procedure may be invalid. They also have a duty of care to only treat people who are medically suitable for the procedure.
If you make a claim, the surgeon’s conduct during surgery may also be assessed. After your surgery, they are responsible for diagnosing and treating any infections correctly, so that you have the best possible chance of a successful recovery. Failure to do this can lead to serious health consequences.
How To Make A Claim
If you want to make a eye laser surgery claim, it is best to discuss your case with a professional who specialises in these sorts of eye surgery claims. They will assess your medical history and will talk to you about your experiences with your surgeon. They may ask you to bring in any written material that you were given or asked to sign before the procedure. After discussing your case with you, they will decide in their professional opinion whether you have a valid claim, and how much you would be able to make a claim for. They will then make contact with the defendant (or their insurance company) to let them know that a claim has been filed against them.