Eyelid surgery compensation

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We understand your situation; specialist cosmetic surgery injury lawyers

Eyelid surgery (Blepharoplasty) is designed to remove excess skin or fat from the eyelids, with the aim of improving the appearance of hooded or droopy eyelids, or eye bags.

Often the procedure is performed under general anaesthetic, typically taking between one to two hours. In some cases, it is possible to have the procedure done under local anaesthetic, but this should be discussed with your surgeon beforehand.

What are the normal side effects of eyelid surgery, and how do I know whether what I have experienced amounts to negligence?

Often, Blepharoplasty will be performed as a day case, and you would expect to be in some pain around your eyes immediately after the procedure.

Recognised after-effects of eyelid surgery are:

  • watery eyes (usually for a few weeks)
  • sticky, dry or itchy eyes (which can last for around ten days)
  • bruising (which should fade after around three weeks)

However, there can be complications that are caused by clinical negligence. If you have suffered any of the following you may be able to make a claim:

  • removal of too much skin leaving eyelids unable to close, known as lagophthalmos
  • lopsided or difference in appearance of both eyes
  • removal of too little skin or tissue
  • droopiness of the lower lid (ectropian)
  • overcorrection of your drooping upper lid. This can lead to damage to your cornea
  • blurred or impaired vision (in extreme cases this can lead to acute glaucoma)
  • partial or complete blindness (very rare)

It is also important that your surgeon or clinic explains all of the benefits and risks to you before you decide to undergo surgery, so that you can make a fully informed decision. If they fail to do this, and you would not have undergone the procedure if they had, it is likely that you have a claim for clinical negligence.

What level of eyelid scarring is normal, and what level is negligent?

As with any surgical procedure, some scarring is to be expected. However, scarring with Blepharoplasty is intended to be minimal and practically invisible after several months. If your scarring is significant and noticeable after the healing is complete, you may have a claim for clinical negligence.

What do I do if I think my eyelid surgery may have been negligent?

If you feel that your eyelid surgery (whether upper, lower or both) was a result of negligent treatment, you may be entitled to claim for compensation. An award for damages can contribute towards any financial burdens you have suffered or are likely to suffer in the future as a result of the negligence, as well as the physical and emotional distress involved. Find out more about our claims process here.

Making a claim might seem daunting, but our lawyers are here to help take away the stress when seeking compensation. The care and expertise we bring to all of our cases has been independently recognised; we are ranked in the top tier by both leading Legal Directories (Legal 500 and Chambers).

Furthermore, you can also rest assured your case is in the hands of clinical negligence specialists; several individual solicitors within the team are ranked as leaders in the field. We are also independently accredited by The Law Society, The Association of Personal Injury Lawyers (APIL) and Action against Medical Accidents (AvMA), so you can be sure that your case will have the best chance at success.

Will I get financial compensation if my eyelid surgery claim is successful?

If your clinical negligence claim is successful you will receive a financial award to reflect the loss that you suffered as a result of the negligence.

The amount of compensation depends on your particular situation, and is made up of two parts:

  • General damages – this is compensation for your pain, suffering and effects on your everyday life. The court will determine the amount by looking at the Judicial Studies Board Guidelines and the amounts awarded in recent similar cases.
  • Special damages – this includes any financial losses you’ve incurred or will incur in the future as a result of the negligence, including loss of earnings or other income, travel expenses and other costs incurred that we can show were caused by the negligence.

All compensation must be proved to be a result of the alleged negligent eyelid treatment. If the link cannot be proved, then the court won’t award any damages. As the claimant, it is your responsibility to prove each and every aspect of your claim, including your entitlement to general and special damages.

Will it be expensive for me to make a claim for eyelid surgery negligence?

We have a wide range of funding options for clients wanting to undergo a clinical negligence claim. Find out more about our funding options here.


Our credentials

“A premier Somerset firm with experience of a broad range of high-value matters, including catastrophic birth injury claims. Routinely engaged on cerebral palsy cases and spinal injury claims, and offers expertise in weight loss surgery and dental negligence matters. Strengths (Quotes mainly from clients): “Withy King were caring and understood us. They listened to our concerns and needs, and helped in whichever way they could.” “They are incredibly organised, easy to approach and they have a very supportive team who are incredibly sympathetic.” Notable practitioners: Head of department Simon Elliman (Band 1) oversees an array of complex claims, including cerebral palsy and spinal injury matters. In addition he acts on dental negligence cases. Sources say: “He is very able and he inspires confidence through calmness.” Market observers consider Paul Rumley (Band 1) “a very approachable lawyer with vast experience on high-value and complex cases.” He handles a range of matters including birth injury claims, fatal accidents and delay in diagnosis of cancer claims.” Chambers 2017 Somerset

“Highly commended firm with an excellent reputation across a broad spectrum of clinical negligence matters. Routinely acts on catastrophic cases including brain and spinal injury claims. Also noted for its handling of matters arising from amputation, delayed diagnosis and weight loss surgery. Strengths (Quotes mainly from clients): “They’ve been amazing. They spoke to me on a level I understood. They are very understanding and compassionate and they advised me well the whole way through.” Notable practitioners: Head of department Richard Coleman (Band 1) offers vast experience of complex claims involving cerebral palsy, spinal injury and bariatric surgery, among other matters. “He is very good at negotiating settlements in difficult cases” and “doesn’t lose sight of the human aspect of it all,” assert sources.” Chambers 2017 Oxford and surrounds

“Royds Withy King is a ‘leading firm’ for catastrophic birth injury cases. Key figures include practice head Simon Elliman, who handles dental negligence, cerebral palsy and spinal injury claims; ‘first-rate solicitor’ Paul Rumley; and Kerstin Kubiak, who stands out for her ‘exceptional analysis’.” Legal 500 2016 South West 

“The ‘knowledgeable, dependable and competent’ team at Royds Withy King is led by ‘astute strategist’ Richard Coleman and includes Tracy Norris-Evans, who is ‘extremely knowledgeable and committed to her clients’.” Legal 500 2016 South East

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I am very happy with not only the outcome but the service and knowledge of Ben Lees. He was courteous and professional throughout, breaking down complex medical and legal issues clearly and concisely. I wouldn't hesitate to use him again or recommend him to anyone requiring expertise in this area.
Royds Withy King client

FAQs

All independent clinics and hospitals that provide cosmetic surgery in England must be registered with the Care Quality Commission (CQC). The CQC publishes inspection reports and performance ratings in order to help patients.

You may also want to research the surgeon or ophthalmologist who is carrying out your specific surgery. All doctors must be registered with the General Medical Council (GMC), which lists their fitness to practice history.


Contact us If you have received eyelid surgery that you are not happy with, you can speak to our team on: