Seeking Compensation Following Laser Eye Surgery

Since the 1990s, millions of people worldwide have had laser eye surgery, helping many achieve 20/20 vision. However, as this article published in the Irish Times in June 2018 sets out, many patients experience complications such as dry eyes, visual distortions, and night vision problems. In some severe cases, impaired vision and chronic pain following the procedure have led some individuals to job loss, depression, social isolation, and even suicide.

While it is rare for the procedure to cause such extreme injury, the risk is not negligible, making thorough preoperative evaluations and informed decision-making essential. Patients must be clearly informed not only of the benefits but also of the potential risks, no matter how rare, before consenting to surgery.

Common injuries from laser eye surgery

Some injuries that can occur due to negligence or failure to inform include the following:

• Chronic Dry Eye Syndrome – Caused by nerve damage during surgery. This can be painful and a difficult condition to treat long-term.
• Visual Disturbances – This can include halos, glare, double vision, and starbursts, especially at night. This often results from poorly centred ablation zones or overcorrection.
• Corneal Ectasia – Thinning and bulging of the cornea, leading to distorted vision. This may require a corneal transplant or rigid contact lenses.
• Loss of Vision / Permanent Vision Impairment – Extremely rare, but this can be partial or total and is usually due to infections, scarring, or improperly calibrated lasers.
• Infection or Inflammation – This can lead to corneal ulcers or keratitis and may cause permanent damage if untreated.
• Flap Complications (for LASIK) – Irregular or displaced corneal flaps during surgery increases the risk of infection and poor healing.
• Undercorrection or Overcorrection – This results in persistent blurry vision or the need for corrective lenses. It is often due to miscalculations or poor pre-operative assessment.

If you have experienced any of these things following laser eye surgery, you may have the grounds to bring a medical negligence claim against the healthcare provider who treated you.

Examples of successful laser eye surgery compensation claims

Many high-profile and substantial compensation claims for negligent laser eye surgery have been settled around the world, particularly in the UK. Here are some notable examples:

Settlement for Life-Changing Injury (UK, 2024)

A client represented by Penningtons Law received a large settlement after negligent laser eye surgery, performed by a private consultant ophthalmic surgeon. The patient suffered a devastating, life-changing outcome that prevented a return to previous employment. The settlement reflected extensive lost income and the severity of the injury, highlighting the importance of thorough patient assessment and informed consent before surgery.

Settlement for Undiagnosed Corneal Ectasia (UK, 2023)

The plaintiff in this matter received a significant settlement after suffering permanent damage to his right eye following laser eye surgery at Optical Express. Despite pre-operative tests indicating an increased risk of corneal ectasia, the plaintiff was not warned. Post-surgery, his condition went undiagnosed for six months despite regular follow-ups. The delay resulted in irreversible damage, requiring him to wear uncomfortable contact lenses and increasing the need for a corneal transplant in the future. The settlement covered past and future loss of earnings and medical costs.

Compensation for Loss of Vision and Inadequate Consent (UK, 2014)

A 28-year-old woman was awarded sizable damages after unsuccessful laser eye surgery at Optical Express. The court found that she was not adequately informed about the risks and complications, breaching the requirement for informed consent. She suffered severe visual impairment, including a significant reduction in visual acuity and photophobia, with little prospect of improvement. A large portion of the award was for future loss of earnings due to her impaired vision.

The legal process for claims in Ireland

In Ireland, claims related to medical negligence, including those from laser eye surgery, are not processed through the Injuries Resolution Board. Instead, they require direct legal action through the courts. Key steps include:

• Consultation with a Solicitor – Engaging a solicitor experienced in medical negligence to assess the case.
• Obtaining Medical Reports – Gathering detailed medical records and expert opinions to support the claim.
• Issuing Legal Proceedings – Filing a lawsuit in the appropriate court.
• Settlement or Trial – The case may be settled out of court or proceed to trial, where a judge will determine the outcome.

It’s essential to initiate legal proceedings within the statutory time limits, usually two years from the date of the injury or from when the injury was discovered.

Require assistance in bringing a claim?

If you’ve suffered complications following laser eye surgery that have caused significant pain or distress, you may be entitled to bring a medical negligence claim. At McCarthy + Co Solicitors, our team has a successful track record in pursuing complex ophthalmic cases, including those involving LASIK, LASEK, and other forms of refractive eye surgery. Whether your injury arose from a surgical error, inadequate pre-operative assessment, or a failure to properly inform you of the risks, we will provide you with clear, compassionate advice on your legal options. To speak with a solicitor in confidence, simply complete our quick and secure online form.