I am posting on behalf of my mother, who is a pensioner in her 70s and has to be quite frugal with her expenditure.
She has recently faced a situation where she had her eyes tested and was provided with a new glasses prescription by a local optometrist (Optometrist 1). However, as they charge a significant mark up on all frames, she then chose to take her new prescription to a different firm (Optometrist 2) and purchased a more affordable set of glasses. After receiving the new glasses, she then started to experience giddiness, severe headaches, and nausea. It also lead to her not feeling comfortable driving and ultimately a decision to return the new glasses as they were obviously not working for her. In the meantime she has had to rely on old uncomfortable half broken frames and lens.
After looking into the issue further, it became apparent that a staff member at Optometrist 1 had made a mistake in transcribing the prescription (something they have admitted to), which had made her new $300 glasses useless. However, when approached about this issue, they denied they have any personal liability in this matter and have generally been quite rude about her decision to buy the frames elsewhere.
Their primary argument is that since they did not sell her the glasses, they have no legal liability or obligations under NSW consumer law. While they have arranged for a new and accurately transcribed prescription to be provided to my mother, they have generally refused to take any further steps to rectify the financial impact she has suffered due to their mistake. Instead they have insisted she try and seek reimbursement from Optometrist 2.
Ultimately, this has left my mother out of pocket and having to purchases two full sets of glasses. Something that is very unhelpful for a pensioner trying to live on a limited budget. The arrogant and rude tone in which their position has been delivered has also been incredibly frustrating. Instead of apologising for the mistake they have made, they have been rude, abrupt and very unhelpful.
I would welcome views/advice on:
- what legal or professional liabilities an Optometrist is under when issuing prescriptions to a client
- what consequences could an Optometrist face if they provide a flawed prescription that is later relied upon by that client and/or a third party (eg Optometrist 2)
- what (if any) obligations are they under to compensate my mother for their mistake and her incurred financial costs, time and general distress
She has recently faced a situation where she had her eyes tested and was provided with a new glasses prescription by a local optometrist (Optometrist 1). However, as they charge a significant mark up on all frames, she then chose to take her new prescription to a different firm (Optometrist 2) and purchased a more affordable set of glasses. After receiving the new glasses, she then started to experience giddiness, severe headaches, and nausea. It also lead to her not feeling comfortable driving and ultimately a decision to return the new glasses as they were obviously not working for her. In the meantime she has had to rely on old uncomfortable half broken frames and lens.
After looking into the issue further, it became apparent that a staff member at Optometrist 1 had made a mistake in transcribing the prescription (something they have admitted to), which had made her new $300 glasses useless. However, when approached about this issue, they denied they have any personal liability in this matter and have generally been quite rude about her decision to buy the frames elsewhere.
Their primary argument is that since they did not sell her the glasses, they have no legal liability or obligations under NSW consumer law. While they have arranged for a new and accurately transcribed prescription to be provided to my mother, they have generally refused to take any further steps to rectify the financial impact she has suffered due to their mistake. Instead they have insisted she try and seek reimbursement from Optometrist 2.
Ultimately, this has left my mother out of pocket and having to purchases two full sets of glasses. Something that is very unhelpful for a pensioner trying to live on a limited budget. The arrogant and rude tone in which their position has been delivered has also been incredibly frustrating. Instead of apologising for the mistake they have made, they have been rude, abrupt and very unhelpful.
I would welcome views/advice on:
- what legal or professional liabilities an Optometrist is under when issuing prescriptions to a client
- what consequences could an Optometrist face if they provide a flawed prescription that is later relied upon by that client and/or a third party (eg Optometrist 2)
- what (if any) obligations are they under to compensate my mother for their mistake and her incurred financial costs, time and general distress
