Team secures out-of-court settlement after failure to obtain informed consent for refractive lens surgery
By Jack Fox
An artist from Yorkshire instructed our clinical negligence lawyers, after being misinformed of the true risks of lens replacement surgery.
In 2019, our client (referred to as the claimant), sought an initial consultation at a well-known laser eye surgery hospital to enquire about potential laser eye surgery. After an evaluation, the claimant was found to be unsuitable for laser eye surgery but was advised to undergo lens replacement with monofocal lens in both eyes.
During the pre-operative assessment with the surgeon, the claimant was assured of a very good outcome, and so decided to proceed with the surgery.
The claimant underwent surgery on both eyes in December 2019. However, at the post operative review the next day, the records show that they described ‘wobble’ and ‘judder’ like symptoms in their eyes. These symptoms persisted, leaving the claimant unable to drive or work.
Subsequent tests and investigations over the following weeks and months led to a diagnosis of posterior capsule opacification. To address this, the claimant had to undergo corrective YAG capsulectomy surgery on two separate occasions.
Despite these treatments, the claimant continued to suffer with double vision, floaters, ghosting, shadowing, glare and haloes, significantly impacting their career as an artist.
Jack Fox, solicitor in Switalskis Clinical Negligence department, was instructed to pursue a claim due to the severe visual difficulties the claimant experienced post-surgery. The claim was brought against the private surgeon who performed the procedure, a self-employed subcontractor.
The issues raised by the claimant included their concern about their suitability for surgery, and lack of comprehensive information regarding the risks involved.
Expert evidence was obtained from an and an which demonstrated that the claimant should have been referred for an orthoptic assessment prior to undergoing refractive lens surgery. Such an assessment would have found them to be a particularly high-risk patient due to a pre-existing squint and surgery for squint as a child. On that basis the evidence was the claimant would not have proceeded to surgery, given their job as an artist requires a good quality of eyesight.
Liability was vehemently denied throughout, from pre-action correspondence, through litigation. However, Jack was able to successfully negotiate an out-of-court settlement nearing £60,000 in damages. This included, amongst other things, general damages for the avoidable pain, suffering and loss of amenity, as well as compensation for past loss of net income due to the claimant not being able to produce the same amount of artwork.
Find out how Switalskis can help you
If you feel that you’ve been a victim of surgery negligence, it's crucial to take that first step towards justice. Switalskis is here to guide you through the process, providing expert advice, emotional support and strong representation.
Contact Switalskis today by calling 0800 1380 458 or getting in touch with us through the website to discuss your concerns in confidence with a legal specialist.
Jack qualified as a Solicitor in 2019. He’s a member of our Medical Negligence team.
