Interim payment secured for victim of clinical negligence

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Interim payment secured for victim of clinical negligence

30th September 2010

A man who was left almost blind after a surgeon repeatedly performed procedures on his 'good' eye has received an interim payment of £50,000.

Daniel Lee, Head of Clinical Negligence with Fentons Solicitors LLP, said his client had been through a terrible ordeal since the incident in 2005, and it was only fair and reasonable that he received a substantial sum as his claim for compensation continued.

"My client had attended a clinic in London's Harley Street to undergo corrective surgery to his right eye, after he began suffering loss of vision," said Daniel, a partner with the firm. "Despite the fact that my client already had severely deteriorated vision in his left eye and had undergone a number of corrective operations on both eyes, the surgeon recommended carrying out a further procedure on his 'good' right eye."

The procedure - known as Radial Keratotomy, or RK - involves making incisions in the cornea to help alter the refractive properties of the cornea and relieve symptoms of myopia. Daniel said that at no time was the risk of repeated RK surgeries explained to his client, nor the huge risk of operating on his 'good' right eye when his weaker left eye already had such poor vision.

"A few weeks after the first surgery's apparent initial success, the vision in my client's right eye deteriorated again," said Daniel. "Amazingly he was recommended a further RK procedure - and again the risks of repeated surgeries were never explained."

This second procedure led to some improvement in the client's vision, but again just a few weeks later it returned to previous poor levels. "Yet another RK procedure was recommended, and my client trusted the advice of the surgeon and duly underwent the operation," said Daniel. "This time though, the improvement did not last as long, and soon his vision had become worse than it was before the first procedure."

After this latest setback the client opted to seek medical advice from a different ophthalmic specialist, and it quickly became apparent that he had been inadequately and inaccurately advised.

"My client was owed a duty of care by the clinic he selected to address his eye problems, and by the surgeon who carried out the procedures," said Daniel. "These surgeries led to severe corneal scarring which caused reduced vision, light sensitivity, haze and glare, not to mention pain and discomfort.

"He has been left with such poor vision that he is now unable to drive or work. He has had to undergo further operations and is likely to need more in the future. This has cost him his livelihood, as well as his sight."

The man originally contacted a solicitor to pursue a claim for compensation, but was not satisfied with the progress being made. He then contacted the clinical negligence experts at Fentons.

"My client has been fighting for justice for five years now, and we are delighted that the defendant in this case has finally admitted liability," said Daniel. "Securing an interim payment as we complete the settlement negotiations will enable my client to deal with outstanding financial issues and prepare for his future."

How can Fentons Solicitors help?
Fentons has a specialist department experienced in handling claims relating to clinical and medical negligence.

If you think that you have a case or require further information, contact Fentons on 0800 019 1297 or fill in the online claims questionnaire.