Can I make a compensation claim for laser eye surgery problem and who is liable for the deterioration I suffered in my eyesight?
A compensation claim for laser eye surgery problem will be possible if you have suffered deterioration in your eyesight which would not have occurred if your surgery was performed by a competent professional. An injury from laser eye surgery would be seen as a case of medical negligence* and as a result cannot be made through the regular procedure with the Injuries Board. For this reason you are advised to consult a personal injury* solicitor who can guide you through the process of claiming laser eye surgery problem compensation for your injuries. Following your laser eye surgery accident, medical negligence* may be difficult to determine and because of this legal advice should be sought at the earliest opportunity.
A compensation claim for laser eye surgery problem could be initiated if it can be established that the surgeon who performed your procedure had acted with negligence and if your procedure was performed by a competent surgeon, your injury would not have occurred. You may have to be examined by a professional ophthalmologist, who will be able to verify whether you suffered deterioration with your eyesight due to your laser eye surgery accident. It must also be established whether the surgeon who performed your procedure had acted responsibly and your accident was unavoidable – or if action could have been taken to eliminate the risk of an injury from laser eye surgery occurring. Depending on the ophthalmologist’s analysis, you could be entitled to laser eye surgery problem compensation as a consequence of the poor performance of the surgeon in question.
However there are certain circumstances in which a compensation claim for laser eye surgery problem may not be possible. This could be the case if – for example – complications arose in the course of your surgery and the surgeon in charge of your procedure had taken all steps possible to prevent any further deterioration in your injury from laser eye surgery. Your laser eye surgery problem compensation could also be affected if you neglected to comply with follow-up measures to correct the damage in question such as further surgery, follow-up appointments or medication which may have assisted. You may still be entitled to some compensation for your laser eye surgery accident – however this can be reduced to reflect your own negligent behaviour.
Following your injury from laser eye surgery, legal advice should be sought at the earliest opportunity to ensure that a strong claim is built on your behalf. Not this will potentially maximise the amount of laser eye surgery problem compensation you can claim, but it will also ensure that your claim will be made within the Statute of Limitations of two years. There is a high possibility that your claim for a laser eye surgery accident could be affected if it is challenged, and for this reason it is imperative that you seek legal advice regarding your compensation claim for laser eye surgery problem at the earliest opportunity.