In 1995 Agnes, a woman of Greek Cypriot origin who spoke little
English, was diagnosed as suffering from a cataract affecting her
right eye.
In January 1997, when she was aged 73, surgery was
recommended. Agnes did not wish for the operation to be
performed under local anaesthetic, and was referred to the Royal
Free Hospital for the operation to be performed under a general
anaesthetic.
In April 1997, Agnes was telephoned by a Greek speaking doctor
from the Royal Free who said that due to a cancellation she could
undergo the operation at short notice.
When she attended for the pre-operative assessment at the
hospital, the Greek doctor persuaded her to undergo the operation
under local anaesthetic ignoring her expressions of anxiety at this
prospect.
Agnes was admitted for surgery on 15 April 1997. As
soon as the drapes were put over her head and face, she expressed
anxiety and as the operation proceeded, she became panic-stricken,
sweating and shaking. The Greek doctor told her to keep still
or she would be blinded.
In the event, the posterior capsule ruptured during lens
implantation and she had to undergo laser surgery post operatively
to remove a vitreous strand incarcerated in the surgical
wound. She suffered a permanent loss of potential visual
acuity in her right eye.
The Royal Free Hospital at an early stage indicated their desire
to settle the claim without an admission of liability. The
hospital’s expert’s report agreed that the capsule probably would
not have ruptured if the operation had been performed under a
general anaesthetic.
However, the hospital disputed the extent of visual
acuity lost. The defendant argued, that nothing should be
recovered for a percentage loss of potential acuity as damages are
not recoverable for loss of a chance. In the event, the claim
was settled for £10,000 without issue of proceedings.
For further information or if you have an ophthalmology negligence claim please
call Paul
McNeil on
020 7861 4019 or email paul.mcneil@ffw.com.
You can discuss your ophthalmology
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.