Over 40,000 people in Ireland are on ophthalmology waiting lists. Many patients endure delays exceeding 12 months, with some waiting over 18 months, often leaving eye conditions undiagnosed or untreated until irreversible damage has occurred. Studies show that 75% of sight loss cases could be avoided with timely intervention, yet lengthy waiting lists and a lack of accessible information continue to prevent patients from receiving the care they need.
If you or a loved one has experienced delays in diagnosis, treatment, misdiagnosis, or inadequate follow-up resulting in eyesight damage, you may be eligible for compensation. At Michael Boylan Litigation, we understand the distress these avoidable injuries can cause and are committed to helping you pursue justice. Contact us to learn how we can assist you in making a claim and securing the support you need.
What is Ophthalmic Negligence?
Ophthalmic negligence occurs when a medical professional, such as an ophthalmologist or optometrist, fails to provide the accepted standard of care in diagnosing, treating, or following up on eye conditions, resulting in harm to a patient’s vision. This can include missed diagnoses, improper treatment, or procedural errors that ultimately lead to permanent or worsening eye damage.
Causes of Ophthalmic Negligence
There are several common causes of ophthalmic negligence, many of which stem from lapses in judgement, oversight, or procedural mistakes. Examples include:
- Delayed Diagnosis: Failure to detect conditions like glaucoma or macular degeneration early can result in irreversible vision loss.
- Misdiagnosis: Incorrectly identifying an eye condition, leading to unnecessary or incorrect treatments.
- Surgical Errors: Mistakes during procedures like LASIK or cataract surgery can lead to complications or loss of sight.
- Improper Postoperative Care: Lack of proper follow-up can prevent timely detection of postoperative complications, leading to worsened conditions.
- Medication Errors: Prescribing or administering incorrect eye medications that cause adverse effects.
- Failure to Provide Information: Not informing patients of potential risks or alternative treatments.
What Will Your Ophthalmic Negligence Claim Cover?
An ophthalmic negligence claim can cover several areas to compensate for the damages caused. Common inclusions are:
- Medical Expenses: Costs for corrective treatments, surgeries, or specialist consultations.
- Loss of Earnings: Compensation for income lost due to an inability to work caused by vision impairment.
- Pain and Suffering: Damages for physical discomfort, emotional distress, and reduced quality of life.
- Rehabilitation and Support: Costs for vision rehabilitation services or adaptive equipment to support daily living.
- Future Medical Care: Expected expenses for ongoing or future treatments, including long-term therapy or medication.
The Ophthalmic Negligence Claim Process
The claim process for ophthalmic negligence begins with an initial consultation to assess the specifics of your case. Our team will work with you to collect essential evidence, including medical records, expert opinions, and documentation of the injuries suffered. This information is critical to building a strong case that establishes negligence and the extent of damages you have endured.
Once the evidence is compiled, we will proceed with filing the claim and begin negotiations with the responsible parties. If a fair settlement cannot be reached, our experienced team will guide you through the litigation process to seek the compensation you deserve.
Statute of Limitations
Under the Statute of Limitations Act 1957, claims for ophthalmic negligence must be filed within two years from the date of the injury or from when the injury became apparent. Exceptions apply for individuals with mental incapacity and children, as the time limit does not start until they regain capacity or turn 18 years old. In cases where the injured person is unlikely to become capable of suing, a next friend may file the claim on their behalf within the designated timeframe.
How Much Compensation Can You Expect for Ophthalmic Negligence?
The compensation amount for ophthalmic negligence in Ireland depends on the severity and impact of the eye injury. According to Ireland's Personal Injuries Guidelines, the following compensation ranges are typical for various eye-related injuries:
- Total Blindness and Deafness: Awards range from €400,000 to €500,000, reflecting the profound effect on life quality and independence.
- Total Blindness: For cases of complete blindness, awards generally range from €270,000 to €400,000.
- Loss of Sight in One Eye (with reduced vision in the other): Compensation can range between €120,000 and €300,000, depending on the extent of vision loss in the remaining eye.
- Loss of One Eye: Typical awards fall between €80,000 and €120,000.
- Serious but Incomplete Loss of Vision in One Eye: Claimants may receive between €45,000 and €70,000 for significant vision impairment in one eye.
- Minor but Permanent Vision Impairment in One Eye: Compensation can range from €15,000 to €45,000 for cases involving permanent, yet less severe, vision impairment.
- Minor Eye Injuries: Temporary or less impactful injuries may receive compensation ranging from €500 to €15,000.
These amounts are influenced by individual factors, including the claimant's age, impact on daily life and work capacity, as well as any associated psychological or cosmetic effects. When you contact us, we will guide you through the claim process, ensuring your compensation reflects the full extent of the impact on your life.
Start Your Ophthalmic Negligence Claim
If you or a loved one has suffered due to ophthalmic negligence, take the first step toward justice and fair compensation. Contact us for a confidential consultation and let us help you pursue the support you deserve.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in line with regulation 8 of the Solicitors Advertising Regulations 2019.
