Samantha Critchley recovered
£90,000 for Claudia in an ophthalmology
negligence claim. Claudia was left blind in one eye
becuase of poor aftercare following an eye operation.
Claudia, aged 67, is diabetic. She developed diabetic
retinopathy and maculopathy in both eyes.
She was seen by a consultant in April 1998. He recommended
surgery, namely vitrectomy, membrane peeling and surgical
enlargement of the posterior capsulotomy with a view to improving
her vision.
The notes stated that “efforts will be made to expedite the
surgery.”
Claudia was seen again in March 1999, by which time she was
noted to have a shallow retinal detachment and her vision had
declined from 6/24 to 6/60. She attended further clinics in July
and December 1999. The surgery was not performed until 30 March
2000, almost exactly 2 years after being put on the list.
Post-operatively Claudia was advised that she would need
regular reviews. These did not happen. Appointments were cancelled
on the 12 April, 5 July, 12 July and 25 October 2000.
Eventually, Claudia was seen on 18th March 2001. By this time
she had no perception of light vision in the left eye with a total
retinal detachment. The condition of the left eye was inoperable.
She was left effectively blind in that eye.
We successfully contended that there was negligence on the part
of the hospital for the delay in performing surgery and the lack of
post-operative follow-up.
The expert ophthalmic surgeons disagreed, however, on the level
of vision Claudia would have had but for the breach of duty.
The defendant’s expert evidence was that but for the negligence
Claudia would have had 6/24 vision. Our own expert was of the view
that Claudia could have expected to achieve 6/18 binocular vision
with competent care.
In January 2006 we received an offer to settle Claudia’s claim
in the sum of £33,592.84
The trial was listed to commence on 21 June 2006.
In May 2006 Samantha Critchley
settled the claim in the sum of £91,407.16 so that Claudia would
receive £90,000.00 after deductions for recoverable welfare
benefits.
After the case Claudia’s daughter said:-
"I just wanted to thank you for all your hard
work on my mothers case. We are very pleased with the outcome.
"Although no amount of money can really
compensate for her eyesight, hopefully it will enable her to make
her life more comfortable. It took a while to get an outcome but
you really showed your dedication in getting a decent
settlement.
"Thank you again. My mother has not stopped
singing your praises”
Samantha Critchley
acted for Claudia on a no win no fee
basis.
For further information or if you have a diabetic negligence claim please
call Samantha Critchley on
020 7861 4263 or email samantha.critchley@ffw.com
You can discuss your diabetic negligence
claim with any member of our medical
negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.