No Win, No FeeWhile most opticians provide high-quality care, mistakes can happen if the standard of care falls below what is reasonably expected, potentially leading to avoidable harm. If you have suffered due to optician negligence, you could be entitled to compensation by filing an optician negligence claim against them.
We offer a no-obligation telephone consultation to help you decide whether you’ll be able to claim. A specialist will review your case with you and offer free legal advice about your options. Should there be grounds to continue, we could ask a medical negligence lawyer on our team to help you. If they decide to represent you, they’ll work on a No Win, No Fee basis which will help reduce stress levels during the claim. That’s because you won’t need to pay your solicitor for their work unless you’re awarded compensation.
If you’d like to discuss how we could help you to claim, please get in touch on 0800 652 1345 today. Otherwise, please read on to find out more about claiming compensation for negligence by an optician.
Am I Entitled to Compensation for Optician Negligence?
For a solicitor to take on an optician negligence claim, they will assess whether:
- The care you received fell below the standard expected of a qualified optician. This is known as negligence or breach of duty.
- As a result of this breach, you suffered an eye injury, worsened vision, or another health issue.
Solicitors are not medical experts, so independent optometry specialists will be consulted to review your medical records and evidence. They will assess whether your optician acted appropriately. If they find that proper care was provided, the case may not proceed. However, if they confirm that negligence occurred, your claim could move forward.
Common Examples of Optician Negligence Claims
Due to the delicate nature of the eyes (and their importance) any mistake can result in permanent sight problems. Some of the main forms of negligence that might entitle you to be compensated for optician negligence include:
- Misdiagnosis or delayed diagnosis: Failing to detect serious eye conditions such as glaucoma, cataracts, retinal detachment, or macular degeneration, leading to worsened vision or preventable sight loss.
- Incorrect prescriptions: Providing wrong lens prescriptions for glasses or contact lenses. Over time, these can cause problems like double vision, dry eyes, headaches, eye strain and other conditions.
- Failure to refer for specialist treatment: If an optician overlooks or misinterprets symptoms and fails to refer a patient to an ophthalmologist, serious conditions may go untreated.
- Errors in contact lens fittings: Incorrectly fitted contact lenses can lead to corneal abrasions, infections, or long-term eye damage.
- Failure to identify underlying health conditions: Opticians can sometimes detect signs of diabetes, high blood pressure, or brain tumours through an eye exam. Missing these signs could result in delayed treatment.
- Damage during eye examinations: Rough handling or improper use of optometry equipment may cause scratches, irritation, or injury to the eye.
- Hygiene failures leading to infections: Unsanitary equipment or poor hygiene practices in an optician’s office can increase the risk of eye infections.
- Laser eye surgery negligence: Laser eye surgery is usually safe, but negligence during laser eye surgery can lead to permanent vision damage or astigmatism. Errors may occur due to improper laser settings, surgical mistakes, or poor aftercare.
If you have been affected by negligence by an optician, contact us asap to discuss your options. We’ll review your case with you for free and let you know what options are available to you.
What Evidence Do I Need for an Optician Negligence Claim?
Whether claiming against an NHS optician or a private company, you’ll need to supply proof to show a) how they were negligent and b) the extent of your injuries. Without it, you are unlikely to receive any compensation or too little could be paid. As such, your solicitor will try to secure as much proof as possible to back up your optician negligence claim. This could include:
- Details of where you were treated: You should make sure you get the details of the optician who treated you. This should include the company name and address which you’ll usually see posted at the entrance. You should also note the names of those who treated you.
- Medical records: This is an important part of your evidence. Your medical notes could be used to show how you were before treatment and what injuries have been diagnosed post-treatment.
- Failed diagnosis: You should keep hold of any emails, letters or documents relating to your treatment. This could include receipts, incident report forms and any responses you’ve received if you complained to the optician about the outcome of your treatment.
- Witness information: It’s a good idea to give your solicitor the contact details, with their permission, of anyone else who was with you during treatment or consultation. If necessary, they may be asked to provide a statement of what was said or done during your appointment. Additionally, family or friends may be asked to explain how your injuries have affected you and your daily life.
- Your glasses, lenses and prescription: Your glasses or lenses might need to be tested to help confirm they were prepared incorrectly. A copy of your prescription could be helpful here too.
- A diary: When making optician negligence claims, keeping a diary can be a useful exercise. By doing this, you can track the days you couldn’t work, any costs you’ve incurred and any family or social events you missed because of your injuries.
If you call our team on 0800 652 1345, they’ll review any proof you have during your free consultation.
What Is the Time Limit to Make an Optician Negligence Claim?
Medical negligence claims must be made within three years. This time limit starts from:
- The date of the negligent treatment, or
- The date of knowledge (when you became aware that your injury was linked to the optician’s negligence).
We recommend starting your claim as soon as possible because:
- It allows more time to gather evidence and medical reports.
- You’ll find it easier to recall details about what happened.
- If liability is admitted, your solicitor may secure interim payments to cover private medical care before the case is settled.
For children, the three-year time limit doesn’t begin until their 18th birthday. A parent or guardian can claim on their behalf at any time before then as a litigation friend.
How Much Compensation for Optician Negligence Can I Claim?
Asking for compensation isn’t a way of fining the optician for their negligence. The idea is that any settlement will help you to recover from your eye injuries. This can include elements relating to any pain you endured (general damages) and any financial impact (special damages).
We’ll be able to explain what compensation you could be entitled to if you call for a free assessment of your case. For now, though, here are some of the elements your compensation could be based on:
- Pain and suffering.
- Loss of amenity. This is where a value will be placed on any hobbies or activities your injuries prevented.
- Mental harm caused by your injuries. This could include suffering caused by depression, stress or anxiety.
- Care costs if damage to your eyes meant you needed someone to support you.
- The cost of changes to your home to help you cope with any form of permanent eye damage.
- Travel expenses linked to your injuries.
Can I Claim for Loss of Earnings Due to My Injury?
Some eye conditions might mean you need some time off work to recover while others may mean your ability to work is affected in the long-term. As such, your claim could cover any loss of earnings or future loss of earnings related to your optician’s negligence.
To help prove your losses, you will need to provide evidence of your current earnings levels and any bonuses, commissions or overtime losses. This could be supported by wage slips, bank statements or letters from your employer.
Will I Need a Solicitor to Claim Optician Negligence Compensation?
Having a specialist solicitor on your side could improve the chances of winning your optician negligence claim in our opinion. Additionally, it could lead to a higher compensation payout. However, we understand that the cost of taking on a legal representative can be off-putting for many. That’s why the solicitors on our panel work on a No Win, No Fee basis for any claim they take on.
That means you don’t have to pay anything for them to begin working on your case and you won’t pay for their work if the claim fails either. So that you have this in black and white, you’ll both sign a Conditional Fee Agreement (CFA) if you agree to work together.
The CFA will explain that you’ll pay a success fee if your solicitor wins compensation for you. This is a percentage that will be deducted from your settlement amount to cover the cost of your solicitor’s work and costs.
So that you’re not overcharged, the maximum success fee you’ll pay when using a CFA is up to 25% of your settlement amount. To see if we could provide a No Win, No Fee solicitor to help you, get in touch today.
Frequently Asked Questions
What Happens If the Optician Worsened an Existing Condition?
It may be possible to claim compensation if a pre-existing eye condition was made worse because of your optician’s negligence. For instance, if you were treated for cataracts but your vision was made worse following negligence during surgery, you may have grounds to seek compensation.
To help prove how the optician’s mistakes have caused additional suffering, your solicitor may request copies of your medical records from before and after treatment for comparison. They might also refer your case to a suitably qualified independent specialist to help determine the extent of your additional suffering.
Will I Need a Medical Assessment?
During the optician negligence claims process, a medical assessment may be required as part of the claims process. They will discuss how you’ve suffered because of your injuries during the meeting. They’ll also conduct eye tests to examine how you are currently.
Once the meeting has ended, the specialist will prepare a report that will detail all of your injuries and explain your prognosis. In most cases, your solicitor can book a local medical assessment to prevent excessive travel.
Are Ongoing Treatment Costs Covered by Compensation?
If you win an optician negligence claim, you should not be left out of pocket. This means that any compensation you receive should look at any future costs directly caused by the negligence that you might incur including ongoing medical costs.
For instance, if your eyesight prescription has got worse following your optician’s negligence and you now need reading glasses, the cost of replacements and annual eye tests could be factored into your settlement.
Start an Optician Negligence Compensation Claim Today
The easiest way to get started today is to call our advisors on 0800 652 1345. During your call, we’ll review your options and supply legal advice after a specialist advisor has reviewed your case. If they suspect you’ve got a reasonable chance of success, a medical negligence solicitor could be appointed who’ll represent you on a No Win, No Fee basis if they take on your claim.
If you have any extra questions about optician negligence claims, please get in touch via live chat.
