Opthalmic / Opthamology
Ophthalmology is the area of the body which governs the medicine of the eye. If you sustain an injury or infection to the eye it may well be that your problem has arisen as a result of clinical negligence.
The most common areas involved in claims of compensation against ophthalmologists are negligently undertaken laser eye treatment, negligently undertaken cataract surgery, removal of a foreign body from the eye, delay in treatment and diagnosis of glaucoma, trauma to the eye and subsequent mismanagements and problematic retinal distatchment.
Whatever the eye injury you have sustained or if there has been mismanagement in the treatment of any eye problem we may be able to assist you in a claim.
Can I claim
To consider whether you have grounds in pursuing a claim for clinical negligence against your ophthalmologist it will be necessary for us to consider your instructions in conjunction with clinical records. If you believe that you have grounds in pursuing a claim for damages please contact our experienced team who will be able to assist you.
As a result of The Limitation Act of 1980 this imposes a strict duty upon Claimants to pursue a claim within a strict period of time. Whilst there is provision to dis-apply the strict ruling for Limitation Act essentially you must pursue a claim within three years from:
- The date on which the cause of action accrued or;
- The date of knowledge (if later) of the person injured.
If a person dies before the exploration of the period mentioned above then the period applicable in respect of that cause of action surviving for the benefit of the estate of the deceased party is three years from:
- The date of death
- The date of the personal representative’s knowledge Which ever is later.
For all cases involving children limitation will expire on their 21st birthday.
What can I claim
The amount of compensation (damages) you receive is made up of:-
- “General Damages” which compensate you for pain and suffering and loss of enjoyment of life (PSLA)
- “Special Damages” which consist of your quantifiable financial damages. They sometimes include medical expenses, transport cost, nursing or child care costs (in some cases) and a claim for loss of earnings if appropriate.
- “Smith and Manchester Award” This is where an award of damages is made for the weakening of the Claimants competitive position on the open labour market.
We would welcome the opportunity of discussing all aspects of your claim with you. We can discuss its merits free of charge. Please feel free to contact us on any of the modes of communication set out on our website. Not only can we discuss the merits of your claim but also methods of funding.
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