Blindness claims: Loss of eyesight caused by medical negligence

The International Classification of Diseases 11 (2018) outlines that there are four degrees of distance visual impairment:

• Mild – visual acuity worse than 6/12 to 6/18

• Moderate – visual acuity worse than 6/18 to 6/60

• Severe – visual acuity worse than 6/60 to 3/60

• Blindness – visual acuity worse than 3/60

In order to register as blind or partially sighted on your local social service’s register, an eye specialist (ophthalmologist) must certify you following a check-up of the health of your eyes and your eyesight. In the UK to be considered blind or severely sight impaired, you must fall into one of the following categories:

• Visual acuity of less than 3/60 with a full visual field

• Visual acuity between 3/60 and 6/60 with a severe reduction of field of vision, such as tunnel vision

• Visual acuity of 6/60 or above but with a very reduced field of vision, especially if a lot of sight is missing in the lower part of the field

Approximately 2 million people in the UK are living with sight loss, with 340,000 registered as blind or partially sighted.

Sometimes, nothing can be done to prevent someone from losing their eyesight or going blind altogether. However, there are circumstances when this can be the direct result of substandard medical treatment, or a failure by a healthcare professional to diagnose and treat a problem.

Oxygen starvation due to a birth injury

While some people are born blind or partially sighted through no fault of anyone, some may come as a result of failing to monitor the condition of the baby in utero, or mistakes made during birth.

If an obstetrician, midwife or another healthcare professional fails to recognise that a baby is being deprived of oxygen in the womb, this can cause damage to the baby’s brain stem or visual cortex, leading them to be born blind or visually impaired.

Oxygen deprivation could also occur during birth, such as the umbilical cord becoming wrapped around the baby’s throat or shoulder dystocia preventing the baby's head from emerging. If this is not addressed soon enough and results in the baby losing its eyesight, this could result in a blindness claim.

Brain injuries caused by a surgical error

If a surgeon mistakenly damages the brain stem or visual cortex during surgery, such as cutting the nerves or blood vessels in this area of the brain, then it could cause the patient to lose their eyesight.

Mistakes during eye surgery

Surgical errors made during eye surgery, such as inserting the incorrect lens during cataract surgery or damaging the nerves or blood vessels in the vicinity, can result in a patient temporarily or permanently losing their vision.

In addition, failure to monitor any problematic signs following a surgical procedure, such as excessive swelling and bruising, could also be grounds for a medical negligence claim.

Delay in diagnosis and treatment of conditions

For eye conditions such as glaucoma or cataracts, there is often a window of opportunity where some or all of the patient’s eyesight can be preserved. If a GP or another healthcare professional fails to spot signs of potentially threatening eye conditions, or overlooks the symptoms highlighted by their patient, this delay could prevent the possibility of correcting the damage.

For example, keratoconus is an eye disease that affects the cornea. If diagnosed early enough, the development can be arrested through a corneal collagen cross-linking. This is a one-off procedure where a vitamin B solution is applied to the eye, then activated by ultraviolet light for about 30 minutes.

If this is misdiagnosed or missed altogether by a healthcare professional, the window to apply this treatment may pass, meaning the patient has to undergo a corneal transplant. This is riskier and would need to be repeated after a number of years. Too long of a delay and it may be impossible to save someone’s vision altogether.

Delay in diagnosing and treating neurological conditions, such as a stroke or a brain tumour, can also lead to someone’s eyesight suffering irreparable damage.

Failure to recognise someone at high risk of losing their eyesight

Some eye conditions can be predicted if the patient illustrates one or more of the risk factors associated with the condition. For example, risk factors associated with retinal detachment include:

• Short-sightedness (myopia)

• A family history of retinal detachment

• Previous blunt trauma to the eye

• Previous cataract surgery

• Inflammatory conditions (e.g. uveitis, scleritis)

If a GP, ophthalmologist, optician or another healthcare professional fails to take these into account when monitoring a patient with these warning signs, this negligence could lead to a patient’s eyesight worsening beyond the point of no return.

Each blindness claim is unique. Until your situation has been investigated by a law firm specialising in medical negligence, it is impossible to quantify how much your claim is worth.

Factors that can influence the value of compensation awarded following a successful claim include:

• Age

• The extent of the loss of vision

• Occupation and salary

• Whether you live alone or with others

As medical negligence experts, we work tirelessly to secure the maximum compensation you deserve based on your unique circumstances.

This will include working with an ophthalmologist or ophthalmologic surgeon, who is actively working in their field. Their professional insight helps us to establish both the most likely cause for your loss of eyesight, and how the negligence you endured has impacted on your life and capabilities. This ensures that we pursue the compensation you require based on your specific needs.