£180,000 Compensation for Ophthalmology Medical Negligence

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Georgina Emsley

Solicitor, Medical Negligence

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A Medical Negligence Claim Case Study - Client Situation

Our elderly client had attended Northwick Park Moorfields Eye Hospital for an eye consultation but his condition was not monitored in the years following the appointment which was contradictory to the hospital’s own guidelines. He subsequently developed a rare, degenerative eye condition that led to partial blindness, and he is likely to end up with complete blindness within the next five years.

According to the NHS Resolution Report for 2022/2023, the NHS paid £2.6 billion in compensation, which is an increase from the previous year’s £2.4 billion. 

In respect of our elderly client, the treatment administered along with the absence of monitoring of his condition raised a number of concerns such as a) whether carrying out annual check-ups after his initial appointment should have been mandatory and b) the extent to which the delay worsened his condition.

He approached our Medical Negligence Solicitors to make an eye injury compensation claim.

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How Simpson Millar Helped

One of our Medical Negligence Solicitors, agreed to accept instructions for this case and sought to reach a settlement with Moorfields Eye Hospital NHS Foundation Trust.

We started by instructing an expert ophthalmologist (a specialist who deals with the diagnosis and treatment of eye disorders) to examine our client, and they were of the opinion that it was negligent not to carry out annual monitoring of the client’s eye condition, following the consultation at Northwick Park Moorfields Eye Hospital.

The expert ophthalmologist stated that had annual monitoring taken place, our client’s condition would have been diagnosed far earlier than it was. The expert also concluded that had the delay not occurred, treatment would have been provided which would have preserved the client’s vision. But, as the opportunity to treat him was missed, it has resulted in the deterioration in the client’s vision which is now irreversible.

Our expert predicted that our client will be completely blind within the next 5 years, but the defendant’s expert took a more optimistic view – stating that the client’s vision isn’t likely to deteriorate significantly for another 10 to 15 years.

Nevertheless, their expert did acknowledge that it was negligent not to carry out annual follow-ups, thus making Northwick Park Moorfields Eye Hospital liable. 

The Outcome

Following mediation and ongoing discussions with Moorfields Eye Hospital NHS Foundation Trust, they finally agreed to settle the case for a total of £180,000.00 in compensation. Mediation was highly successful in this case as it enabled both sides to meet and focus on the issues.

This meant they were able to come to a fair and reasonable compensation settlement before substantial legal costs (from issuing Court proceedings) were incurred. Along with the compensation the client also received an apology from the Trust, together with assurances that lessons had been learned from the experience.

 

Client’s Journey and Support

Navigating through the difficulties of a medical negligence claim can be draining emotionally and mentally, especially when you are faced with the prospect of irreversible loss of vision like our client. Our elderly client found himself in a horrific situation following the negligence. Throughout his tough journey, Simpson Millar provided compassionate legal support, advice and guidance to our client.

How Simpson Millar can help people with eye injuries

If you’ve been injured because of medical negligence, contact our expert Medical Negligence Solicitors for a free claims assessment.

While most problems can be routine to deal with, mistakes can and do happen. If your condition is made worse or goes undiagnosed by health professionals, you could claim compensation for medical negligence.

Our friendly and compassionate Medical Negligence Lawyers have been helping victims of clinical negligence for many years. We’ll assess the facts of your case and tell you if we think your claim has likely prospects of success and if so, we’ll talk you through your options to fund the investigation of your claim. We take on most medical negligence claims on a No Win, No Fee basis.

If you think a mistake has been made with your eye treatment, get in touch for a free claims assessment by calling us on 0808 239 6043.

References:

Moorfields Eye Centre at Northwick Park. (n.d.). https://www.moorfields.nhs.uk/locations/moorfields-northwick-park 

NHS Resolution. (2023, July). NHS Resolution Annual Report and Accounts 2022/23. https://resolution.nhs.uk/wp-content/uploads/2023/07/NHS-Resolution-Annual-report-and-accounts-2022_23-3.pdf

American Academy of Ophthalmology. (n.d.). What Is an Ophthalmologist? https://www.aao.org/eye-health/tips-prevention/what-is-ophthalmologist

Georgina Emsley

Solicitor, Medical Negligence

Areas of Expertise:
Medical Negligence

Georgina is a Solicitor who works in our Medical Negligence team here at Simpson Millar, based in our Manchester office.

She is a committed and highly reliable Solicitor with a track record of supporting clients through the process of making a claim to achieve the best outcome for them. Georgina has experience working on many high-value cases with a range of circumstances and complexities from start to finish, where she reviews medical records, liaises with experts and gathers evidence in order to negotiate the best possible settlement for her clients.

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