Laser Eye Surgery Compensation Claims

Medical negligence during laser eye surgery can have a lasting impact on your vision, daily life and long-term wellbeing. If you or a loved one have experienced an avoidable injury because laser eye surgery was performed negligently, making a laser eye surgery compensation claim can address the physical, psychological and financial impact of that medical error.

JMW advises people who have experienced negligent laser eye surgery, including cases involving surgical errors, defective equipment, poor patient assessments, or inadequate postoperative care. Our medical negligence solicitors understand how distressing it can be to live with outcomes such as blurred vision, double vision, light sensitivity, dry eyes, or permanent vision loss, particularly when these complications could have been avoided with appropriate medical care.

We are highly experienced in laser eye surgery compensation claims and support clients throughout the claims process, from reviewing medical records and medical notes to obtaining independent medical reports and other supporting evidence. Our role is to assess whether negligent medical treatment caused unnecessary harm and to pursue compensation on that basis, while keeping you informed at every stage.

To speak to a specialist medical negligence solicitor, call 0345 872 6666, or complete our online enquiry form and request a call back at a time that suits you.

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What Are the Potential Risks of Laser Eye Surgery?

Laser eye surgery is a common medical procedure, but like all forms of medical treatment, it carries risks. Many people undergo laser surgery without long-term problems, but complications can arise if the procedure is not planned or carried out to an appropriate standard, or if postoperative care is inadequate.

Some risks are recognised complications of laser eye surgery, even when care is reasonable. However, others may indicate medical negligence, especially where errors could have been avoided or where warning signs were missed. Understanding the difference between an accepted risk and negligent treatment is an important part of assessing a potential laser eye surgery compensation claim.

Risks associated with laser eye surgery can include:

• Blurred or impaired vision: vision may not improve as expected, or may worsen due to undercorrection, overcorrection, or poor laser calibration.
• Double vision and visual disturbances: issues such as ghosting, halos, or glare can affect daily activities, including driving and work.
• Dry eyes and light sensitivity: these symptoms can be temporary, but in some cases become long-term and affect quality of life.
• Eye infection or inflammation: this may occur if hygiene standards are poor, or postoperative care is inadequate.
• Retinal detachment or structural eye damage: rare but serious complications that can lead to permanent vision loss.
• Permanent blindness or severe vision loss: most often associated with negligent surgery, defective equipment, or failure to respond to complications promptly.
• Psychological harm: ongoing vision problems can lead to anxiety, low mood, or loss of confidence, particularly where the outcome was avoidable.

Before laser eye surgery, an eye surgeon should carry out a thorough medical assessment, explain the potential risks, discuss alternative treatments such as contact lenses, and confirm that the procedure is suitable for you. After surgery, appropriate monitoring and follow-up medical care are essential to identify and address complications early.

When these steps are not followed and avoidable harm occurs, the consequences can be life-changing. In those circumstances, it may be appropriate to consider a laser eye surgery negligence claim, particularly where negligent medical treatment has caused unnecessary physical pain, vision loss, or financial harm.

What Are the Most Common Forms of Medical Negligence Leading to Laser Eye Surgery Claims?

A laser eye surgery compensation claim may arise when a healthcare provider, eye surgeon, or wider medical team fails to provide care that meets an acceptable professional standard, and this results in avoidable harm. Not every poor outcome amounts to medical negligence, but where errors could have been prevented, negligent medical treatment may be established.

Common types of laser eye surgery negligence include:

• Inadequate preoperative assessment: failing to carry out appropriate tests or identify risk factors, such as thin corneas or existing eye conditions, which make laser eye surgery unsuitable.
• Failure to provide proper advice or obtain informed consent: not explaining the risks of laser eye surgery clearly, not discussing alternative treatments, or not allowing enough time for informed decision-making.
• Negligent surgical technique: making errors during surgery, including the laser being directed incorrectly, poor positioning, or incorrect calibration.
• Defective or poorly maintained equipment: using faulty laser equipment or failing to follow safety protocols, increasing the risk of avoidable injury.
• Poor postoperative care: failing to monitor recovery properly, missing signs of infection or inflammation, or not responding appropriately when complications develop.
• Delayed or inappropriate treatment of complications: not acting promptly when problems such as worsening vision, retinal detachment, or infection are reported.
• Lack of appropriate follow-up: inadequate review appointments or failure to provide clear aftercare instructions, leading to avoidable deterioration in vision.

These forms of negligent care can result in outcomes such as blurred vision, double vision, dry eyes, light sensitivity, impaired vision, or permanent blindness. In some cases, people also experience psychological harm and financial losses due to the impact on work, independence, and ongoing medical care.

When Am I Eligible to Claim Compensation for Laser Eye Surgery?

You may be eligible to make a laser eye surgery compensation claim if your injury or vision problems were caused by medical negligence, rather than an unavoidable complication of the procedure. Eligibility depends on showing that the standard of care you received fell below what would reasonably be expected from a competent eye surgeon or healthcare provider, and that this directly led to avoidable harm.

In practical terms, a laser eye surgery negligence claim usually requires evidence to show that:

• A duty of care existed between you and the healthcare provider responsible for your laser eye surgery.
• The care you received was negligent.
• The negligent medical treatment caused unnecessary harm that would not otherwise have occurred.

Eligibility is not limited to cases involving severe or permanent injury. Claims may also arise where minor eye injuries or ongoing symptoms have affected quality of life or required further medical care. What matters is whether the harm was avoidable and linked to negligent treatment.

A medical negligence solicitor will assess eligibility by reviewing medical records, medical notes, and independent medical reports to establish whether the care provided fell below an acceptable standard. This process helps to distinguish between recognised risks of laser eye surgery and injuries caused by negligence.

How to Make a Laser Eye Surgery Compensation Claim

Making a laser eye surgery compensation claim involves a clear legal process designed to establish whether medical negligence occurred and how that negligence has affected you. We guide you through each stage, explaining what is happening and what information is needed, so you remain informed throughout.

The process typically includes the following steps:

• Initial discussion and assessment: we start with a free initial consultation to understand what happened during your laser eye surgery, the symptoms you now experience, and how this has affected your daily life.
• Obtaining medical records: we request relevant medical records and medical notes from the healthcare provider involved to understand the care you received before, during and after surgery.
• Independent medical evidence: we arrange independent medical assessments and reports from appropriate experts, such as consultant eye surgeons, to determine whether the treatment was negligent and whether that negligence caused avoidable harm.
• Establishing liability: we use the medical evidence to assess whether the standard of care fell below an acceptable level and link that failure directly to your injury or vision problems.
• Pursuing the claim: once negligence is established, we pursue the laser eye surgery negligence claim on your behalf, addressing both the physical and psychological impact, as well as financial losses connected to the injury.
• Ongoing communication: we keep you updated at every stage, explain any developments, and remain available to answer questions as your claim progresses.

Each claim is assessed on its own facts. Some cases progress quickly, while others take longer due to the complexity of the medical issues involved. To learn more, take a look at our guide to the medical negligence claims process.

Q

How much compensation could I claim for laser eye surgery negligence?

A

Compensation for laser eye surgery negligence is assessed on an individual basis and reflects how the negligent medical treatment has affected you. Rather than being a single fixed amount, a laser eye surgery compensation claim is usually made up of two main parts:

• General damages relate to the impact of the injury itself. This can include the physical effects of negligent laser eye surgery, such as blurred vision, double vision, impaired vision, physical pain, or permanent vision loss. General damages also take account of psychological harm - for example, anxiety or low mood caused by ongoing vision problems or changes to independence and daily life.
• Special damages cover the financial consequences of the injury. This may include loss of earnings if your vision problems affect your ability to work, the cost of further medical treatment or corrective procedures, medication, travel to appointments, and any ongoing care or support you may need. These losses are assessed based on evidence of the expenses you have incurred or estimates of those that are likely to be incurred in the future.

A medical negligence solicitor will review your medical records, independent medical reports, and information about how the injury has affected your life to assess what types of damages may form part of your laser eye surgery negligence compensation claim.

Q

What evidence might I need to support a laser eye surgery claim?

A

To bring a laser eye surgery compensation claim, evidence is needed to show that the standard of care you received was deficient and that this caused avoidable harm. This evidence is used to establish medical negligence and demonstrate how the claim meets the legal eligibility criteria.

Evidence commonly includes:

• Medical records and medical notes: medical records are requested from the healthcare provider responsible for your laser eye surgery. These show how you were assessed before surgery, how the procedure was carried out, and what postoperative care was provided. They also help demonstrate the seriousness of your eye injury or vision loss.
• Independent medical assessment and reports: an independent medical professional, such as a consultant eye surgeon, will usually assess your eye condition. Their report considers whether the treatment was negligent and whether it caused your injury or ongoing symptoms.
• Evidence of informed consent: a claim may involve a lack of informed consent, where risks, alternative treatments, or likely outcomes were not explained properly before surgery. Clinic records and witness statements can help corroborate what you were told about the risks associated with your laser eye surgery.
• Witness statements: statements from family members or others who attended appointments can support your account of discussions with medical professionals, including advice given about risks and aftercare.
• Evidence of harm and financial losses: information about how the injury affects your daily life, alongside documentation of financial losses such as lost earnings or further medical treatment, is used to show the extent of harm caused.

This evidence allows a medical negligence solicitor to assess whether negligent laser eye surgery caused unnecessary harm and to pursue a compensation claim on that basis. Learn more about how to claim for medical negligence.

Q

What are the time limits for claiming laser eye surgery compensation?

A

Laser eye surgery compensation claims are subject to legal time limits, known as limitation periods. In most cases, you have three years to start a claim.

This three-year period usually runs from:

• The date the laser eye surgery took place; or
• The date on which you knew or ought to have known that you suffered significant injury.

There are important exceptions to the standard three-year time limit.

For children, the three-year period does not begin until they turn 18. This means they have until their 21st birthday to start a laser eye surgery compensation claim. A litigation friend, such as a parent or guardian, can bring a claim on a child’s behalf at any time before they turn 18.

For individuals who lack mental capacity, the time limit is paused and does not begin to run unless capacity is regained. If capacity is later restored, the three-year time limit usually starts from that date. A litigation friend can also start a claim on behalf of someone who lacks mental capacity.

Because time limits vary depending on individual circumstances, it is often helpful to seek advice from a medical negligence solicitor as soon as possible to understand how the rules apply to your situation. Find out more about the time limits for making a medical negligence claim.