Faulty lenses and defective laser eye surgery claims
Thousands of people in Scotland undergo corrective eye surgery every year to improve their sight. Corrective eye surgery is either done through laser eye treatment or through surgery to replace the eye’s natural lenses. Whilst a majority of procedures are carried out safely, recent reports have highlighted serious concerns about a new artificial lens which is being used in some corrective eye surgeries.
In the last year, many patients undergoing eye surgery have been fitted with the Mplus X lens which is manufactured by Oculentis, a German based company. The lens has been fitted by well-known high street companies such as Optical Express.
Individuals are entitled to expect any medicine or medical device used to treat them to be safe and fit for purpose. If an individual suffers as a result of a defective medical product, they may be able to claim compensation under Scottish law. Digby Brown Partner Mark Gibson is a specialist in medical product liability claims and can provide advice to anyone affected in this way, see below for Mark’s contact details.
The recent reports have focused on concerns expressed by patients and surgeons that the lens has made some patients vision worse, with some people who had it fitted reporting problems seeing beyond their arm’s length after the surgery. Optical express were also recently required to make a damages payment of £500,000 in relation to defective laser surgery.
The issue is being investigated by the Medicines and Healthcare Products Regulatory Agency (MHRA), the organisation responsible for ensuring the safety of medicines and medical devices used in the UK.
If you, or a member of your family, has undergone corrective eye surgery and have suffered deterioration in vision, sight problems or other ill-effects, you should contact your optician, GP or the surgeon who carried out the treatment in the first instance.
Digby Brown Partner Mark Gibson, a specialist in medical product liability claims, can provide legal advice in this area. Mark can be contacted at 0141 566 9503 or at [email protected]
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
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