Every medical procedure has risks, whether it is an invasive or non-invasive treatment. This does not mean that people should be warned off undergoing surgery altogether – on the contrary, many operations are life-saving or have the potential to greatly improve lives. However, patients should be made fully aware of the risks prior to giving their consent to treatment.
Some operations can have miraculous results. For example, laser eye surgery has the potential to restore a person’s sight so that they no longer need corrective lenses. However, this form of treatment requires a high level of specialist skill and if you are injured due to the negligent actions of the professional, you may have grounds for a clinical negligence claim.
If you have been suitably warned about the risks of having the procedure performed, and something has gone wrong, your surgeon has a stronger chance of avoiding liability than if he or she had failed to make you aware of the dangers.
However, if your clinician underplayed the risks of the operation – a Which? study conducted in 2009 found three well-known laser eye clinics had done this – then you could stand a higher chance of securing compensation.
“Patients need to understand what the risks are,” says the Medical Defence Union.
The organisation added, “they need to think about whether or not the benefits they think they will get from the procedure actually outweigh the risks, in order to decide whether they want to go ahead with it.”
Furthermore, if clinical negligence results in you suffering long-term problems, such as corneal ectasia, you may be entitled to claim compensation for these injuries.
Potential problems caused by incorrectly performed laser eye surgery include dry eyes, sometimes resulting in chronic eye inflammation, reduced night vision, the appearance of ‘floaters’ and blindness.
30th September 2019
Healys LLP has again been recognised as a leading firm in the latest edition of the Legal 500. This year, 4 practise areas and 3 individual lawyers have been recommended.
23rd September 2019
The phrase ‘cancer misdiagnosis claims’ has become used to describe claims not just for the misdiagnosis of cancer. It is also the term often used when people make medical negligence claims because the wrong cancer treatment has been applied, or as a result of a diagnosis of cancer being made later than it should have been i.e. because chances to spot the symptoms of cancer were previously missed by a medical professional on at least one occasion. Continue reading »
6th September 2019
Healys are pleased to note that 3 partners are to be ranked as leading individuals in the 2020 edition of leading legal directory Chambers & Partners, to be published later this year. Continue reading »
Roads are inherently dangerous places but, if disaster strikes, specialist lawyers can ensure that accident victims are properly compensated. In one case, solicitors representing a young man whose life was changed forever by a crash in which three of his friends died were able to secure multi-million-pound damages on his behalf. Continue reading »
2nd September 2019
Earlier this year, we wrote about the fact that the government had ordered that all further surgery involving vaginal mesh implants was to be halted, pending the outcome of a review into its use. Since 2008, transvaginal mesh has been used as a method of treating pelvic organ prolapse and incontinence after childbirth.