Compensation for Laser Eye Surgery Errors
This article contains information about claiming compensation for laser eye surgery errors when you – or somebody close to you – have undergone laser eye surgery and suffered an injury due to the poor professional performance of a medical practitioner. As you will see from the information below, no two claims for laser eye surgery errors are the same, and you should always discuss the individual circumstances of your medical injury with an experienced Irish solicitor to determine that you have a claim for laser eye surgery errors compensation which is worth your while to pursue.
Laser eye surgery is a very delicate procedure. As revision surgery for laser eye surgery errors can be an expensive procedure, it is important that you receive an adequate settlement of compensation for laser eye surgery errors – not only to repair the damage inflicted on you due to medical negligence, but also to compensate you for any pain you may experience during or after surgery and the consequences that the laser eye surgery errors have made to your quality of life.
Establishing Medical Negligence for Laser Eye Surgery Errors
Medical negligence for laser eye surgery errors can manifest in many ways – and not always caused by the medical procedure you have undergone. Failing to screen for pre-existing conditions, which can result in complications during laser eye surgery, is a significant factor in laser eye surgery errors compensation claims as is a lack of information prior to surgery advising a patient of the risks involved. Failing to inform a patient of the special precautions necessary to prevent post laser eye surgery infections or injuries is also classified as medical negligence and would qualify you to make claims for compensation for laser eye surgery errors.
In order to establish that medical negligence has been responsible for laser eye surgery errors your solicitor would engage the services of an expert ophthalmologist, who would ascertain whether you have suffered an injury which “in the circumstances and at the time” could have been avoided with greater care. If a preventable injury has been sustained, which is not attributable to your own lack of care, you will be able to make a claim for laser eye surgery errors compensation.
Procedures for Claiming Laser Eye Surgery Errors Compensation
The procedure for claiming laser eye surgery errors compensation is that your solicitor will request to see the hospital notes. If negligence is suspected, your solicitor will send a Letter of Claim to the negligent eye surgeon, advising him or her that you are making a claim for laser eye surgery errors and supporting your claim with the evidence collected of medical negligence. If your claim for laser eye surgery errors is particularly strong, your solicitor will invite the negligent eye surgeon to make an offer of compensation – as medical negligence compensation for laser eye surgery errors is not assessed by the Injuries Board Ireland.
If medical negligence is admitted, and an offer of compensation for laser eye surgery errors is forthcoming, your solicitor will advise you whether the offer represents a fair and adequate settlement of laser eye surgery errors compensation or whether it would be advisable to negotiate for more. High Court action will only be necessary if the negligent eye surgeon denies liability for your eye surgery injury or disputes how much compensation for laser eye surgery errors your solicitor believes you are entitled to.
How Much Compensation for Laser Eye Surgery Errors?
How much compensation for laser eye surgery errors you will be entitled to will depend on the nature and severity of your eye injury in relation to your age and whether any pre-existing conditions were identified prior to you undergoing laser eye surgery. Both the physical and the emotional consequences of your eye surgery injury will be accounted for in a claim for laser eye surgery errors, and it is advisable that you maintain a diary to record the times on which you were unable to complete day to day activities or enjoy leisure and social pursuits because of laser eye surgery errors.
You will also be able to recover financial costs – both past and future – in a laser eye surgery errors claim. These costs can relate to any expenses you have incurred in the pursuit of medical treatment for your eye surgery injury, the cost of revision surgery if required and other sundry costs that you might have experienced – such as the cost of public transport if the laser eye surgery errors meant that you were unable to drive for a longer period than you had been advised. Any lost income due to an eye surgery injury can also be recovered in a claim for laser eye surgery errors compensation.
Laser Eye Surgery Errors and the Statute of Limitations
It is unlikely that immediately after laser eye surgery you will know whether your operation has been a success or not. It can take several weeks for your vision to return to normal and some laser eye surgery errors may not manifest for several months after your operation. Therefore, the Statute of Limitations in Ireland – in relation to compensation for laser eye surgery errors – allows you two years from the date on which you know you have sustained an eye injury in which to make a claim for laser eye surgery errors compensation.
The “date of knowledge” is not the date on which you underwent the negligent eye surgery or noticed a deterioration of your eyesight, but the date on which you are diagnosed with an injury which is attributable to laser eye surgery errors. Naturally, your first consideration should be to seek treatment for your eye surgery injury, but you should keep any receipts of payments you make for pain relief or revision surgery so that the costs you incur can be recovered in a laser eye surgery errors claim.
Further Information about Compensation for Laser Eye Surgery Errors
If you believe that you – or somebody close to you – have suffered an injury due to laser eye surgery errors, you are invited to call our freephone Solicitors Advisory Panel and speak directly to an experienced Irish solicitor. Our solicitor will discuss with you the possibility of making a claim for laser eye surgery errors compensation and try to establish wherever possible that you have a claim for laser eye surgery errors which is worth your while to pursue.
After speaking with our solicitor you are under no obligation to proceed with a claim for compensation for laser eye surgery errors, but it is in your best interests to seek professional legal advice at the first practical opportunity. If it is established that you have a viable laser eye surgery errors claim, it could take a considerable amount of time to determine the full consequences of your medical injury and how much compensation for laser eye surgery errors you could be entitled to. To rush a claim, and be undercompensated for laser eye surgery errors, could result in not receiving sufficient compensation to pay for the treatment that would restore your eyesight.