Compensation for eye infection caused by lenses ?

Austinhead

A couple of years ago I started wearing extended wear lenses. I used to wear dailies but they were never very comfortable so I had a trial with extended and they were much much better. For those who don't know they are contact lenses that you can keep in day and night for up to 30 days.
I was very happy with the lenses and the optician checked my eyes to ensure they were OK and recommended that I take the lenses out every 4 days, just at night, to give my eyes a rest, which I did.

Anyway, a few months after wearing them 1 of them started feeling uncomfortable - which is not all that unusual as anyone who wears lenses knows. It was sat afternoon and I was going out that night. I took the lens out and cleaned it then put it back in before I went out. The lens continued to feel uncomfortable (like something foreign was in my eye, but it wasn't) but i'll be honest, i had a few sherries and forgot about it. The next morning my eye was swollen and sore. I assumed it was something like conjunctivitus and attempted to take the lens out. I honestly thought I had taken the lens out and dropped it - bear in mind I couldn't really see out of that eye to be able to tell the difference in my sight. Anyway, since it was a Sunday I decided to carry on my day and contact the doctors first thing.

Sunday night I didn't sleep very well and was in a lot of pain with my eye. Got an emergency app at the docs on Monday morning and he said he wasn't sure what it was, he called the eye clinic and got me an app for Monday late afternoon and gave me some saline drops.

I went to the appointment and was shocked and upset to learn that I had a corneal ulcer caused by an infection due to the extended wear lenses. I also still had the contact lens in my eye (which the doctor had not noticed). I was admited to hospital and told that there was a chance that I would lose the sight in that eye. I had to have drops every 30mins 24 hours a day for the first 3 days, then every hour after that. I was in hospital for a week. I was told by 2 consultants that this was almost certainly caused by the contact lenses. Fortunately I didn't lose my sight but I have been left with a scar in the middle of my eye which permanently affects my sight.

I am still under a consultant at the Liverpool eye hospital and have been advised that the only option is a partial corneal graft to replace the scared cornea, this is a major procedue which has obvious risks.

Right, so now you've been kind enough to read the all the above I wanted to ask if you think I have any chance of getting some compensation from the optician ??. I was NEVER told of the risks of these kinds of lenses nevermind warning signs or what to do. Several consultants have asked if I was warned, and expressed their disgust when I told them I wasn't. I know some indepedant opticians won't sell them because of the risks, and others who give detailed information to patients who want to use them.

I feel angry that this has happened, and whilst I don't subscribe to this blame culture I do feel that this could have been avoided had I been given the right information at the time.

I have never done anything like before and wouldn't even know where to start with a claim.

Thanks for reading this long post, any information or feedback would be brilliant.
Thanks.

maninthestreet

You a probably better of speaking to a lawyer who specialises in medical negligence claims.

Tozer

Not quite sure I follow where you think the optician has been negligent?

Not warning you of risks did not actually cause the damage.

Tarja

Sorry to hear about the scar on your corneal. Scars can take up to 2 years to fade, if they fade at all. But there should be some improvement over the 2 years. You will probably have problems with light catching the scar. Have you been given low dose continuous steroids. These can help reduce the scarring.

advent1122

Tozer wrote: »

Not quite sure I follow where you think the optician has been negligent?

Not warning you of risks did not actually cause the damage.

But they did warn the op of the risks.
Maybe not at the time, but if it goes to court you can GUARANTEE the optician will fib and say that the op was warned of the risks.
Did you not have any follow up appointments where the optician will check on the progress?
I afraid this might have to be filed under the category !!!!!! Happens.

Meepster

Austinhead wrote: »

I was in hospital for a week. I was told by 2 consultants that this was almost certainly caused by the contact lenses.

But they can't be 100% certain that this caused the problem? If that's the case then how could you possibly claim negligence?

sarahg1969

mwilletts wrote: »

But they can't be 100% certain that this caused the problem? If that's the case then how could you possibly claim negligence?

By asking a solicitor to take on the case, and then getting an expert opinion on it.

I guess the first hurdle is getting someone to take on the case - if you find a specialist lawyer who will (not an ambulance chaser), then they will usually expect you to pay for the medical report up front, and then decide from there if they think you have a case worth pursuing. If you can't find someone willing to even take it on, you've probably got your answer straight away.

Ivory_Tinkler

It could be argued that the doctor who failed to notice that your lens still in your eye was at fault or that by leaving the lens in after you noticed it was uncomfortable exacerbated the condition. You need to speak to a lawyer as sarahg says to see if it is worth pursuing a claim.

pinkshoes

I thought all types of contact lenses come with a warning telling you to remove them if you feel any type of discomfort and seek medical advice if required?

Ultimately, the contact lens didn't cause the ulcer. The ulcer was no doubt caused from bacteria on your contact lens, which you then put in your eye and left there, causing an ulcer. The bacteria would be from the lens being dirty, and perhaps not being cleaned properly, which is your responsibility.

I'm not sure this is worth pursuing, as firstly the blame is not clearly that of the optician, because the risks of wearing contact lenses "permanently" are well known (I knew, and I don't wear them!) and usually on the packet or widely available on the internet, as with any other type of contact lens, and as you'd previously used other lenses (which still have a risk of eye ulcers, just less than others), then he probably assumed you knew the score.

Secondly, you have admitted yourself that you felt you had a problem (Saturday afternoon), yet chose to ignore it and do anything until Monday, so that won't really help your defence!

ThomasK31ly

^ Agree I`m affraid, partly user negligence.

wannaberichbtch

This is a very specialist area and as others have said you really need to to seek legal advise from a firm experienced in medical claims As nobody on this board is suitably qualified, you should not place too much validity on opinions given. As a contact lens wearer I can say that I have heard of the risk of eye ulcers that can lead to blindness and no type of lens can be guaranteed risk free.

I use daily lenses as they reportedly carry the least risk, but there are days for any contact lens wearer where the eyes feel slightly uncomfortable which can be down to tiredness or dehydration, you would not automatically think it was the onset of an ulcer.

I think your local CAB would be a good place to start.