WA Failed Eye Surgery - Personal Injury Compensation?

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latreille69

Active Member
17 April 2015
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0
31
I had eye surgery nearly over 6 months ago. It hasn't worked and I am now wearing glasses.... these lenses I have now are the second pair that I have had to order. I have been through so much stress and anxiety. I am now on anti anxiety tablets. And have taken many days off work. The surgeon says "its a time thing". Its not. I don't know what to do...

Am I able to claim compensation for personal injury or medical negligence?
 

Sarah J

Well-Known Member
16 July 2014
1,314
251
2,389
Melbourne, Victoria
Hi latreille69,

I can understand your frustration. Medical negligence cases is always quite complicated as there is inherent risk with any medical procedure and there are different opinions, professional and non-professional, about what works and what is considered medical negligence. I strongly suggest you approach a personal injury lawyer to get their opinion on the merits of your case and whether it is worth taking action (weighing up costs, time, likelihood of success, damages etc.). Ask around for costs, some lawyers have free initial consultations, so it's worth doing your homework here.

As for whether or not you have a claim, this depends on a number of factors, including:
  • What were you advised by the doctor (especially, in relation to risks, side-effects, expected outcome)?
  • Are you experiencing any side-effects that you were not experiencing before (e.g. your eyesight is worse)? If so, can you link this to your surgery?
  • Approach a few other medical (eye) specialists and ask for their opinion on (i) the surgery itself; (ii) the symptoms you are experiencing post-surgery; (iii) whether your eyesight will get better and it really is a timing thing
  • Why is this causing you so much stress and anxiety? Is it just the surgery or it is other things in your life as well? If it is the surgery, is it side-effects or is it because the surgery is not "working" in your opinion
Again, speak with a specialist medical negligence lawyer about this as it really is quite an intricate and specialised area of law.
 
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Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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2,894
Sydney
I agree with the above.
No shortcuts and no DIY here.
 

latreille69

Active Member
17 April 2015
5
0
31
Hi latreille69,

I can understand your frustration. Medical negligence cases is always quite complicated as there is inherent risk with any medical procedure and there are different opinions, professional and non-professional, about what works and what is considered medical negligence. I strongly suggest you approach a personal injury lawyer to get their opinion on the merits of your case and whether it is worth taking action (weighing up costs, time, likelihood of success, damages etc.). Ask around for costs, some lawyers have free initial consultations, so it's worth doing your homework here.

As for whether or not you have a claim, this depends on a number of factors, including:
  • What were you advised by the doctor (especially, in relation to risks, side-effects, expected outcome)?
  • Are you experiencing any side-effects that you were not experiencing before (e.g. your eyesight is worse)? If so, can you link this to your surgery?
  • Approach a few other medical (eye) specialists and ask for their opinion on (i) the surgery itself; (ii) the symptoms you are experiencing post-surgery; (iii) whether your eyesight will get better and it really is a timing thing
  • Why is this causing you so much stress and anxiety? Is it just the surgery or it is other things in your life as well? If it is the surgery, is it side-effects or is it because the surgery is not "working" in your opinion
Again, speak with a specialist medical negligence lawyer about this as it really is quite an intricate and specialised area of law.

Thankyou Sarah J,
I will seek advice from a medical neglligence lawyer.
My eyesight is worse than before I had the sugery.... hence the stress and anxiety. I couldnt see my computer at work....everything is blurry.
I am now wearing my glasses all the time now....not the best outcome I can assure you. Before I had surgery I only needed magnifying glasses to read.... now I have multi-focal lenses.
I have a refferal to see another Doctor in May.
 

latreille69

Active Member
17 April 2015
5
0
31
Any other help would be much appreciated ..... ie... other case stories etc or recommendations for lawyers.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,966
822
2,894
Sydney
DIY = "Do it yourself"

What I mean by it is that this matter like this is probably too complex for somebody to do by themselves,
and that having a lawyer assist you is probably the way to get the best outcome.
 
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