A recent case reminds us of how important it is to carefully consider all of the potential risks of surgery especially when in a non-medical setting. Increasingly, the public are encouraged to have medical procedures on the High Street; whether plastic surgery, dermal fillers or eye procedures and people seem less inclined to consider the risks when they are in a consumer setting.
Optical Express carried out laser surgery on the claimant, a book dealer, which left her with damaged eyesight as a result of which her career ended. The Judge awarded her £569,287, including £30,000 for her 'pain and suffering' and over £400,000 for lost earnings and said: it was 'not appropriate' procedure for a patient to sign a consent form immediately before an operation. "That is not how things should be done," he said adding that the claimant had been 'enticed' and 'tempted'.
The Judge found that the optician had not warned her about the possible risks and complications. Optical Express is considering an appeal to the decision.
If you have had an operation or procedure, whether at hospital or not and you have suffered as a result, you may have a personal injury claim. It is important to obtain detailed legal advice as to the likelihood of success and any such claim must be started within strict time limits.
To discuss this or related issues, contact us.