Retinal Detachment Compensation Claims

If you have experienced pain and suffering due to a delayed diagnosis or negligent treatment of retinal detachment, you may be entitled to compensation. At JMW, our team of expert clinical negligence solicitors is highly experienced in bringing successful vision impairment claims on behalf of those who have experienced sight loss or other long-term issues due to medical mistakes. Whether you have experienced reduced vision or permanent vision loss, including full or partial blindness, we can help you to secure the compensation to which you are entitled. 

JMW's specialist medical negligence solicitors will help you every step of the way throughout the claims process. We will offer support, accommodate any challenges imposed by your loss of sight, and lend our considerable expertise to your claim to make sure we secure compensation for you. Our track record of success in eye injury claims, and particularly those involving a detached retina in one or both eyes, means we are well placed to deliver the outcome you deserve.

Contact us for a free, no-obligation chat by calling 0345 872 6666 or allow us to call you back at a time that is suitable for you by completing our online enquiry form. We offer no win, no fee legal services.

Meet Our Clinical Negligence Solicitors

JMW's expert team thoroughly understands the impact of surgical errors, misdiagnoses and other types of negligence on a patient's vision. We have a track record of success in retinal detachment compensation claims thanks to our knowledge of the legal standards that medical treatment must meet.

What Is Retinal Detachment?

Retinal detachment is a medical condition that, if not treated quickly and effectively, can have very serious consequences, including vision loss or blindness. It occurs when the retina (the thin lining at the back of the eye) starts to come away from the blood vessels supplying it with oxygen and nutrients. It typically only occurs in one eye and if left untreated will lead to the deterioration of sight in the eye.

Retinal detachment should be treated as a medical emergency. There are certain signs and symptoms that can warn patients that they may be at risk of a detached retina, and risk factors that should be taken into account (such as diabetic retinopathy). If a patient is presenting with symptoms or these risk factors are present, but the condition is not dealt with appropriately, the patient could experience anything from slightly blurry vision to total blindness for which the negligent doctor or medical facility could be responsible.

How Can Medical Negligence Cause a Retinal Detachment?

There are several ways that negligence can cause retinal detachment or make it worse. The condition happens when the retina is pulled away from the blood vessels, which is often a natural result of ageing. If a GP, optician or other medical professional spots the early signs of retinal detachment, they should quickly refer you to a specialist ophthalmologist for treatment. An early diagnosis can play an important role in preserving or restoring eyesight. If this does not happen, it may constitute medical negligence.

Another cause, although much less common, is a direct injury to the eye area. This can be due to medical negligence if it is the result of an injury caused by a surgical error or a lack of follow-up care after eye surgery. The latter circumstance may not cause retinal damage, but can make it worse and result in a permanent impact on the patient’s vision.

Examples of medical negligence that can make a retinal detachment worse, and entitle you to claim compensation for your injuries, include:

• Failure to diagnose retinal detachment
• Delayed treatment or lack of treatment for retinal detachment after diagnosis
• Failure to refer you to the appropriate specialist
• Mistakes in identifying retinal breaks
• Errors during cataract surgery that are not corrected

This is not a comprehensive list and if you believe that you have been harmed by medical treatment that did not meet the necessary standards, speak to the team at JMW for advice on whether or not you are entitled to make a claim.

How Much Compensation Can I Get for a Detached Retina Clinical Negligence Claim?

The compensation amount you can receive in a detached retina medical negligence claim depends on a combination of how the injury has affected your sight and what losses it has caused you over time. There is no average amount and it is impossible to estimate because your legal claim will be tailored to your specific circumstances.

A settlement is usually split into general damages and special damages. General damages account for pain, suffering and other impacts of your injury. The level of vision loss is one of the biggest factors, and compensation will depend on:

• Whether vision loss is partial or complete
• Whether it affects one eye or both eyes
• How much useful vision remains after treatment (even if you still have some sight)

This also accounts for any permanent symptoms and complications, which can occur even where surgery reattaches the retina successfully. If the negligence affects your independence or aspects of your everyday life (such as your ability to drive, read, use screens, carry out daily tasks or move around safely) you will likely receive more compensation.

Special damages account for financial losses and costs associated with your injury. This can include:

• Medical costs for any further treatment you need, or for follow-up appointments and ongoing eye care. Prescription costs, including for specialist lenses, can also be covered.
• Lost earnings if you took time off work during your recovery or have lost your ability to work. Any reduced capacity to do your job (especially where detailed visual work is required), or need to change careers, take on reduced hours or retire early will increase your compensation amount.
• Paid care or domestic help, and support provided by friends or family, if your eyesight limits your ability to perform daily tasks.
• Travel costs to medical appointments, and increased transport costs if you can no longer drive.
• Equipment, aids, and adaptations such as magnifiers, specialist lighting and assistive technology. Compensation will account for both devices and any adaptations you need to make to your home (such as improved lighting, contrast features or safety modifications) due to your injury.

The team at JMW will have an independent expert review your medical records and offer a specialist assessment of your future needs. They can recommend treatments and outline the full impact of your impaired vision or other injuries to make sure you receive the full amount of compensation that you are entitled to.

Is There a Time Limit to Claim Compensation?

In most cases, you must start a medical negligence claim within three years of the negligent treatment you receive. If the harm you experienced due to negligence was not clear until later - for example, if your retinal detachment was not diagnosed properly and got worse afterwards - the time limit may begin from the date that you realised that your treatment caused the harm.

If the person who was harmed lacks the mental capacity to make their own decisions, there may be no time limit for someone to claim on their behalf. The three-year time limit for children under the age of 18 begins when they turn 18, when they can claim on their own behalf.

Q

What are the symptoms of a detached retina?

A

Doctors should treat a detached retina as a medical emergency, and act quickly if a patient reports any of the most prominent symptoms. Warning signs of a detached retina include:

• Black dots or specks (known as floaters) appearing across the field of vision of the affected eye
• One large ‘floater’ or a ‘cobweb’ effect of small floaters across the eye
• Blurred vision
• Short, sudden flashes of light in the affected eye
• Reduced sharpness of vision (visual acuity)
• Distortion (straight lines appearing bent or blurred)
• Reduced contrast sensitivity
• A loss of peripheral vision
• Light flashes that persist
• Long-term discomfort or strain

If you experience any of these warning signs it is important to seek medical attention straight away. Failure to do so can lead to the worsening of vision and what many patients describe as a 'black curtain' spreading across their eye. 

In some instances retinal detachment may be missed or misdiagnosed by a medical professional leading to the worsening of the condition. In such instances, you may be able to seek compensation for the preventable damage done.

Q

How should a detached retina be treated?

A

Retinal detachment should be treated as quickly as possible in order to give the patient the best chance of keeping some or all of their eyesight. The problem can usually be rectified by the patient undergoing surgery, although full recovery from such an operation can take a number of months.

Given the intricacy of the surgery required it is imperative that this is performed correctly. If you have suffered due to poor surgical technique you may be in a position to make a claim. Similarly, any delays in treating the condition can be a form of medical negligence that would allow you to claim compensation.