A cataract is a condition in which the lens of the eye becomes opaque, in a way that impairs vision. It is a very common condition and accounts for about 40% of cases of blindness worldwide.

Cataracts cause progressive visual deterioration, but the rate of change is highly variable. Cataracts caused by trauma to the eye can occur within hours, but age-related cataracts - which make up the majority of cases - may take years to progress. If mild cataract-related visual defects are corrected by surgery early enough, this usually provides a dramatic improvement in visual performance.

Occasionally, congenital cataracts are present at birth or develop soon afterwards, with the condition affecting approximately 0.03% of newborns. Around one-fifth of these have a family history of congenital cataracts, but in many cases, there is no such history, and most are not associated with additional developmental problems.

In newborn infants, a cataract causes the immature visual system to be deprived of the stimulation needed for normal development. If left untreated, permanent visual loss can occur.

The most common form of cataract surgery is extracapsular cataract extraction (ECCE), which has been the standard treatment method for the last two decades.

This involves cutting into the front of the lens capsule and removing the cataract, before inserting a flexible artificial lens into the remaining capsular 'bag' to provide support to the new lens. This has been proven to deliver better results than older treatment methods, in which the whole of the affected lens needed to be removed and replaced by an artificial lens.

The success of modern cataract surgery has been dramatic, with success rates of 98%. However, complications do sometimes arise, mainly due to poor surgical techniques or infections. If you have undergone such a procedure and this has resulted in negative outcomes due to medical negligence, you may be able to make a claim for compensation.

Cataracts can be identified by a number of symptoms, with some of the.more common including:

• Progressive blurring of vision
• Diminished vision in bright light
• Difficulty with near/reading vision
• Desaturation of colour vision

There are many risk factors in the development of cataracts that can make it more likely that the condition will develop. These include:

• Increasing age
• Diabetes
• Glaucoma
• Cardiovascular disease
• Smoking
• Excessive alcohol intake
• Gastrointestinal problems
• The use of diuretics and other drugs
• Trauma

Cataract surgery can lead to a range of complications and problems, especially if mistakes are made in the care you receive. This is a complicated surgery that requires delicacy, and substandard care can have significant and long-term effects on a patient's vision and overall health. Issues potentially related to negligence include:

• Infection (endophthalmitis): a severe eye infection can occur if sterile procedures are not adequately followed. This can lead to pain, vision loss, and the need for additional surgeries or treatments.
• Corneal oedema: swelling of the cornea can result from trauma during surgery, leading to blurred vision and discomfort. It may require further medical intervention to resolve.
• Posterior capsule rupture: damage to the back of the lens capsule during surgery can cause vision problems and may need to be corrected through additional surgery.
• Haemorrhage: excessive bleeding during or after the procedure can lead to complications, including increased intraocular pressure and damage to ocular structures.
• Retinal detachment: if the retina separates from its supporting tissue, it can cause severe vision loss and requires urgent surgical repair. This risk is heightened if improper surgical techniques are used during cataract surgeries.
• Cystoid macular oedema: this is a swelling of the central part of the retina (macula) that leads to blurred, distorted or reduced vision.
• Incorrect lens implantation: implanting the wrong type or power of intraocular lens can result in poor outcomes. This might require additional corrective surgeries or require the patient to wear glasses with corrective lenses.
• Chronic inflammation: this can result from surgical trauma or retained lens fragments, leading to prolonged pain, redness, and potential vision impairment.

These symptoms are known complications of cataract surgery in some cases, but in others they may be caused by negligence. Further, the list above only includes physical symptoms. The trauma and disappointment of a poor surgical outcome can lead to anxiety, depression, and a diminished quality of life, especially in elderly patients. It can increase a patient's dependence on family members or caregivers, and add emotional and financial burdens on families.

There are several types of negligence that can lead to a poor outcome. This includes everything from a lack of care during eye surgery to mistakes like operating on the wrong eye. Examples of cataract surgery negligence include:

• Incorrect surgical procedures: the surgeon performed the procedure incorrectly, leading to complications such as retinal detachment, incorrect lens implantation, or damage to the eye structures.
• Inadequate preoperative assessment: a failure to conduct a thorough preoperative assessment led to unsuitable candidates undergoing surgery and resulted in preventable complications.
• Failure to obtain informed consent: the surgeon did not adequately inform you of the risks, benefits and alternatives to the surgery. If you had known this information, you may not have consented to the procedure.
• Poor sterilisation: sterilisation protocols were not followed, leading to infections such as endophthalmitis or other complications.
• Postoperative care: a failure to provide appropriate postoperative care, which meant that complications like infections, inflammation or increased intraocular pressure were not recognised or treated effectively.
• Defective equipment or implants: defective surgical equipment or intraocular lenses were used, resulting in injury or poor surgical outcomes.

This is not a comprehensive list of negligence or mistakes a surgeon might make during cataract surgery. Speak to the team at JMW about your circumstances for more information about whether or not you are eligible to claim.

To be eligible to claim compensation for cataract or laser eye surgery gone wrong, you must prove several things. First, you must show that the doctor breached their duty of care to you, which means that they did not adhere to the standards of practice expected in their field. From there, you must show that this breach of duty directly caused an injury or adverse outcome.

This involves proving that your complications were a direct result of the negligence and not a known risk of the surgery. For example, if the surgeon damaged your optic nerve and you experienced sight loss as a result, you may be entitled to compensation. However, if the potential complications of the surgery include sight loss and you were warned about them beforehand, this may not be the case. If your doctor failed to inform you about potential risks of the surgery, this is also a form of negligence.

There are several types of evidence that you may need to prove you experienced negligent treatment during your cataract surgery. The first type of evidence we will seek to collect is your medical records, which include:

• Your medical history, which may identify any specific risks that should have been taken into consideration.
• Documentation of all preoperative evaluations, including any eye examinations or risk assessments.
• Signed consent forms showing that you were informed of the risks, benefits and alternatives to the surgery. If you were not informed of potential side effects or given an opportunity to formally consent, this can also support an eye surgery claim.
• Any surgical notes and records from the procedure that are available. These may include descriptions of the techniques used, any complications that arose during surgery, and the steps doctors took to address them.
• Information about postoperative care, follow-up visits, and any treatments provided to manage complications. This should include details of medication prescriptions, additional surgeries, or other medical interventions.

These records will all be reviewed and assessed by an independent medical expert who specialises in ophthalmology. They can then provide written reports, assess whether the standard of care was breached, and provide opinions on whether negligence caused your injuries. They can compare your treatment with established medical guidelines and protocols to highlight deviations from the standard of care. They may also assess your health for the purposes of comparison, which can help to prove that your symptoms are related to the negligent treatment you received.

Where possible, you should provide copies of all correspondence between you and your doctor and their surgery, including emails, letters and messages discussing your treatment, concerns and follow-up care.

We will also ask you to make a statement and give a detailed account of the care you received, your experience during and after the surgery, and the impact on your daily life. Statements from family members, friends or caregivers can corroborate your account of events and describe the changes in your condition and quality of life post-surgery. Any photographs or written descriptions of your symptoms can also contribute evidence to your case. If you have visible complications or injuries resulting from the surgery, such as inflammation, scarring, or other noticeable issues, you should take pictures. Try to write down any information provided by your doctor so you have a record.

Your solicitor will request copies of any diagnostic images, such as retinal scans or photographs of the eye taken before and after the surgery by your doctor, that show evidence of changes or damage that might support your case. If the negligence has affected your mental health, we can have a psychologist or psychiatrist prepare a report detailing your experiences and any evidence of anxiety, depression, PTSD or related conditions.

One of the most important roles of compensation is to support your recovery, or help you to adjust to new life circumstances. For example, if you experienced permanent loss of sight, many aspects of your life may need to change, and even temporary sight loss can require you to take time off work or make alternative travel arrangements to attend GP appointments. These expenses can often be claimed back as part of your compensation.

As such, you should also retain evidence related to your financial circumstances. This includes receipts for any and all medical expenses incurred due to the negligent surgery, including costs for additional treatments, medications, corrective surgeries, and rehabilitation where relevant. If the negligence required you to take time off work during your recovery, or affected your ability to work in the future, documentation pertaining to your lost income (pay slips, employment records, or a letter from your employer) can also support your case. Our experienced team can also help to estimate future medical costs if the negligence has resulted in a long-term or permanent impairment.

In the vast majority of cataract or eye surgery claims, you have three years from the date when you received negligent treatment to file a claim. If you did not immediately realise that you had experienced cataract surgery negligence, you have three years from the date you became aware (or should have become aware) that your injury was a result of the negligent treatment. This is often referred to as the "date of knowledge."

There are limited exceptions to this rule. If the patient was under 18 when the negligence occurred, the three-year limitation period does not begin until their 18th birthday. They will have until their 21st birthday to make a claim, or their parents can claim on their behalf at any time before that.

If the injured person lacks the mental capacity to make a claim, the three-year time limit does not apply until they regain capacity. If they never do, it is possible that no time limit will apply. This ensures that vulnerable individuals are not unfairly prevented from seeking justice.

You should consult a solicitor as soon as possible if you suspect medical negligence. Early legal advice can help you to understand the merits of your case, gather evidence, and ensure that your claim is made within the appropriate time limits. If you are concerned about missing the deadline or need more information, speak to the team at JMW about your eligibility to claim.

The compensation you can claim for negligent cataract surgery depends on the specifics of your case, so it is impossible to give an estimated figure without talking about your experience. There are two types of damages you will receive if your claim is successful, each of which is calculated differently:

• General damages provide compensation for pain, suffering, and loss of amenity. This includes the impact of the negligence on your quality of life - for example, if it has affected your ability to take part in activities you once enjoyed. This is calculated based on guidelines from the Judicial College.
• Special damages offer compensation for financial losses incurred as a result of the negligence, such as medical expenses, loss of earnings, and costs for ongoing care. Eye injuries often require a long recovery period, and if you need to take time off work during this recovery, special damages can cover your loss of income. Compensation will also include anticipated future losses, including ongoing medical treatment, long-term care needs, and future earnings if your ability to do your job has been permanently affected. This is calculated using receipts for any money you have already spent, and expert evidence to estimate future costs.

Every cataract surgery claim is different, and the time it will take depends on factors ranging from the availability of evidence to the schedule of court dates. In many eye surgery claims, the negligent party will accept their liability straight away, and we will start to negotiate to secure the compensation that will support your recovery.

If the case goes to court, your solicitor will represent you during proceedings and present your case. While this process takes longer, the solicitor will handle the bulk of the responsibility, so you can focus on your recovery and adjusting to your new circumstances.

Because of the time limit involved in medical negligence claims, the most important thing is to contact a solicitor as soon as possible. If cataract surgery negligence has left you dealing with an injury or illness, call JMW for a free initial consultation to find out whether you can claim compensation, and take the next steps towards financial support.

Mistakes during cataract surgeries can be expensive for patients, and adding legal costs to this can seem daunting. However, at JMW, we take on most cataract surgery claims under a conditional fee agreement, which is also known as a no win, no fee basis. This means that there is nothing to pay up front, and you will not need to pay any legal costs if your claim is unsuccessful. Instead, we take our payment as a percentage of your compensation, which means that you can make a claim without worrying about incurring a financial burden.