Settlement of claim arising from negligent cataract surgery

We recently settled a claim for negligence during cataract surgery which caused our client to sustain permanent and irrecoverable loss of sight from her right eye. The injury resulted in significant impairment in her independence and quality of life.

We were instructed to investigate and pursue a claim on our client’s behalf and obtain compensation for her injuries.

With support from a medico-legal expert ophthalmologist, we established and proved negligence against the defendant trust. Despite a denial by the defendant, we obtained judgment in our client’s favour.

We quantified the impact of the negligence on our client, which included a psychological injury in coming to terms with the fact that poor care had caused her to permanently lose her sight. We considered her lifestyle before the negligence and obtained evidence from an expert in care and occupational therapy, which enabled us to calculate the level of support and equipment that our client would need in the future to improve her quality of life and recover her lost independence.

We successfully negotiated a settlement of the claim that reflected the injuries that had been caused to our client by the negligence. The compensation will enable her to put in place care, support and equipment to help her in the future.

Arran Macleod, who ran this case as lead of our ophthalmic specialist claims team, commented: “While the defendant was sensible in dealing with this claim and we achieved a substantial settlement, the failings in our client’s care have had a huge impact on her quality of life, independence and confidence. She has ended up in a much worse situation than before her cataract surgery and her case proves the damage that can be done if proper care is not taken in such procedures.”