Eye injuries can significantly affect your day-to-day life due to the sensitive nature of the eye. As such, any injuries that have occurred due to doctors' negligence should be addressed by filing a personal injury claim. More than 9,600 health-related claims were made in 2009 alone, so it's important you understand what you can claim for and how to go about filing your case.
What Can I Claim For?
Each injury claim will have its own set of circumstances that determine the extent of any damages available. With that said, these typically fall under two headings:
- General damages – These claims refer to any medical costs incurred as a result of your injury. If you have had to visit a second eye doctor to rectify your injury, the cost of this will be covered with general damages.
- Special damages – Typically refer to any loss of earnings that have occurred as a result of your injury. If your day-to-day work has been affected, you can claim for this under special damages.
The above categories are not extensive; rather, your injury lawyer will work with you to determine what support is available. If you have a particular hobby that is affected by your eye injury, for example, you will be able to claim for this also.
Under What Circumstances Can I Make a Claim?
Unfortunately, there are a large number of cases where people have suffered at the hands of an incompetent eye doctor. The fragility of the eye, coupled with poor technique, can oftentimes cause irreparable damage that can affect your day-to-day life. If you feel like your accident is down to your doctor's negligence, then you may be able to make a claim for damages incurred.
While the circumstances that lead to injury vary widely between cases, there are some common incidents where you will be able to file a claim:
- Your doctor performed laser eye surgery under improper conditions.
- Your optician referred you for the wrong treatment.
- Your eye doctor failed to realize retina-related problems and continued with the laser treatment.
- Your eye doctor failed to notice and treat cataracts.
Note that the above list is not exhaustive; if you believe you have suffered any form of injury due to medical negligence, speak to a qualified injury lawyer who will be able to assess your case.
What Happens When I Submit a Claim?
If you have spoken to a personal injury attorney and they have deemed your case suitable, you are free to file your claim against your medical practitioner. When filing the claim, it's important that you have a third-party practitioner assess your injuries and file a report to the courts. This will allow the courts to fully understand your claim and make an informed decision.
Although your medical records will never be given without your permission, your injury lawyer may require a copy so they can study them prior to submitting your claim. While this is sensitive information, it is vitally important as your injury lawyer will have to put forward an informed case that outlines your injuries and the potential causes.
While not required by law, having some evidence to back up your claim will help the courts reach an informed conclusion. This form of evidence is very easy to gather than other forms of injury (such as car accidents); however, it can be quite difficult to source compelling evidence to support your claim against medical negligence. If you know of anyone who has also suffered at the hands of a particular practice or doctor, consider approaching them for a statement that backs up your claims.
Finally, you will have to submit a list of your damages incurred as a result of your injury. This covers the general and special claims outlined above and lets the courts quantify your claim. As such, it's important to keep receipts for anything related to the injury so that you can submit them alongside your claim. For more information on how to file a claim, try visiting http://www.medilaw.com.