It has recently been reported that a company which performs private cataract surgery (sometimes on behalf of the NHS) is to be investigated because of the various failings including patients suffering unnecessary and often serious complications.
This type of procedure is now very much considered routine but it should not be forgotten that it is still an intrusive operation that carries serious risks.
Doctors owe a duty of care to their patients to ensure their treatment meets the necessary standard of care, at all times, which includes:
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Before the procedure when all the risks should be fully explained
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Carrying out the surgery safely
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Providing proper aftercare advice after the surgery before discharge
Clients often describe that the cataract clinic can feel like a conveyor belt as the doctors treat so many patients in one day – we all appreciate the pressures they face but this doesn’t mean that proper care shouldn’t be taken, at all times.
If a patient has paid for the surgery privately, the claim will be against either the individual doctor or the clinic (depending on their contractual arrangements).
If a patient has the surgery in a NHS hospital the claim will be against the Trust as a whole (and not the individual doctor).
It is becoming increasingly common for NHS patients to be referred to a private clinic for cataract surgery in an attempt to reduce the waiting lists. In this instance the NHS remain liable and so, if the clinic are negligent, the claim will still be against the Trust who made the referral.
Here at Farleys the clinical negligence team have years of experience in bringing successful actions against both NHS and private clinics for negligent cataract surgery.
If we are instructed in a case involving negligent cataract surgery, we will obtain all the medical records and review them carefully. If we are satisfied that there are reasonable prospects of success, then we will instruct an independent medical expert to comment on whether the doctors have been negligent and, if that is supportive, we will commence the claim against the hospital or clinic.
For a confidential, no-obligation discussion about your claim, please get in touch today on 0845 287 0939, contact us by email, or use the online chat below.