Last Updated on May 23, 2025 by tanya

Cataract Surgery Compensation Claim

 

If There Has Been Medical Negligence

 

While cataract surgery is a generally successful procedure, if there has been negligence you may be eligible to file a cataract surgery compensation claim. Medical negligence is when a healthcare provider fails to meet an acceptable standard of care which has led to measurable harm or injury.

Cataract surgery is a common procedure, but like any surgery, it carries some risks. If you’ve experienced complications from cataract surgery, you have no doubt been distressed. However, if the complications stem from avoidable negligence, you may be entitled to claim for compensation.

If you suspect that this may have happened to you or a loved one, our team at First Personal Injury can help. We work with experienced medical negligence lawyers who operate on a ‘No Win, No Fee’ basis and who can assess your case.

 

What Is Medical Negligence?

Also known as clinical negligence, medical negligence happens when a healthcare provider breaches their duty of care, which directly result in harm to the patient. Regarding cataract surgery, negligence may include:

 

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Failure to obtain informed consent
• Inadequate post-operative care
• Failure to detect or treat complications promptly

 

To make a successful medical negligence claim, you must be able to prove three key elements:

 

Duty of Care – The medical professional owed you a legal duty of care. This is generally automatic for all medical professionals, meaning they are obligated to provide a certain standard of care.

Breach of Duty – They breached that duty by failing to meet an acceptable standard of care.

Causation and Harm – That breach was directly linked to harm or injury caused.

 

Potential Complications from Cataract Surgery Due to Negligence

It’s important to note that some complications from cataract surgery can happen even when care is appropriate. However, certain outcomes may be more likely when procedures are not carried out to an expected standard of care. Common negligent complications include:

Infection

Post-surgery infection is a rare, but severe complication that can lead to permanent vision loss if not treated immediately.

Retinal Detachment

Negligence during the surgical process can increase the risk of retinal detachment. This should be treated a as medical emergency.

Posterior Capsule Rupture

This can occur when the back part of the lens capsule is torn during surgery. It may require additional corrective procedures.

Incorrect Lens Implantation

Implanting the wrong intraocular lens (IOL) or failing to account for pre-existing eye conditions may potentially lead to blurred or double vision.

Loss of Vision

In extreme cases of surgical error or mismanagement, patients may experience partial or complete loss of vision.

 

Real-Life Examples of Negligent Cataract Surgery

• A surgeon fails to sterilise equipment properly, resulting in a serious post-operative infection.
• The wrong lens power (prescription) is inserted, requiring additional surgery.
• A patient isn’t warned about risks resulting in complications that could have been mitigated with better information.

 

If any of these scenarios sound familiar, you may have grounds for a medical negligence claim.

 

Time Limits for Filing a Cataract Surgery Negligence Claim

The general time limit for filing a medical negligence claim is three years. This timeframe typically starts from:

 

• The date of the negligence, or
• The date you became aware that your injury or condition was caused by negligence (the “date of knowledge”).

 

Exceptions to the Rule:

 

• Children: Claims can be made any time before the child turns 18. Once they turn 18, they have until their 21st birthday.
• Mental Capacity: If the injured person lacks the mental capacity to make a claim, the time limit may not apply.

Given these complexities, it’s essential to seek legal advice as soon as possible to avoid being time-barred.

 

How to File a Cataract Surgery Compensation Claim

Here’s a step-by-step guide to filing a claim:

 

Seek Medical Advice

If you suspect something went wrong during your cataract surgery, your first step should be to seek a second opinion.

 

Gather Evidence

Obtain the following:

• Medical records
• Test results
• Photographs
• Correspondence with your surgeon or hospital

This documentation will be essential in proving your case.

 

Contact a Medical Negligence Solicitor

It’s advisable to speak to a lawyer with a good track record in eye surgery negligence claims. In order to reduce your financial stress, we partner with lawyers who operate on a No Win, No Fee basis, meaning you don’t pay unless your claim is successful.

 

Obtain an Expert Medical Opinion

Your solicitor will arrange for an independent medical expert to review your case. Their opinion is crucial in establishing whether negligence occurred.

 

Compensation You Could Receive

Your solicitor will be able to advise you as to the potential compensation you may claim, as each case is unique. But, typically compensation awarded in a cataract surgery negligence claim covers:

 

General Damages: For pain, suffering, and loss of amenity.

Special Damages: For financial losses, including:

 

• Loss of earnings
• Care costs
• Future loss of income (if vision is permanently impaired)
• Cost of corrective treatment
• Travel expenses

 

The amount of compensation depends on the severity of the harm and its impact on your life.

 

Tips for Maximising Your Medical Negligence Claim

• Keep a diary of your symptoms and how they impact your daily life.
• Avoid social media posts about your condition.
• Attend all follow-up medical appointments.
• Respond promptly to solicitor communications.
• Keep receipts for any expenses related to your injury.

 

Need Help Now?

If you believe you have suffered from negligent cataract surgery, reaching out to a trusted injury claims company can make a significant difference in the road ahead.

Our team will guide you through the claims process, ensuring you get all the support you need and fighting to help you get the compensation you deserve. Call us at 0333 358 3034 or visit Jefferies Claims Contact Us Page to learn more.