Aibu to want to take legal action against surgeon after cataract surgery?

[vintageBMS]

I’m 36 with a four year old and I work full time.

Two months ago I had a lens replaced in one eye, through the NHS. Since then I’ve been off work recovering.

I wish I’d never had the op, my eyesight has completely changed; it’s shit - it’s like I’m walking around with a magnifying glass over one eye all the time. I can’t focus properly and I’m having to re-learn how to do see and do even the simplest things. I get headaches reading/using computer/phone/watching TV/when I’m am in an unfamiliar place. I don’t feel confident enough to drive with this eyesight.

Due to the problems I’m having I genuinely think I might have to quit my job (histology lab).

(After a lot of aggro) I managed to see the surgeon last week (had community discharge at high street optician, so hadn’t seen him since) and he said I’ll “get used to it” and that I was being a bit dramatic when I said I might have to quit work. Although he was patronising and dismissive he said he’ll send me for a second opinion, as on paper my eyes are above average and he’s not sure what to suggest.

My eyesight and life have completely changed for the worse, I feel my lifestyle (work/young family) wasn’t taken into consideration when suggesting I had the surgery, we didn’t discuss any other options I might have had, I wasn’t made aware of what changes would happen (I knew risk of sight loss due to surgery), I’ve been patronised and now have to wait however long to see someone else. Two opticians and 3 doctors/nurses all questioned why I even had the op - which has made me question the surgeon’s judgement.

I’m on SSP from today also (which stops in November) - so if I have much more time off to recover I won’t be able to afford mortgage/childcare/etc.

i've no experience of the procedure but is this a common side effect? It sounds awful. Can you ask to be referred to another specialist? speak to your GP otherwise? Or how about PALS service? Don't settle, seek another opinion.

I’m no expert at all, but my mum had it done. They tested her eyes and put a certain lense in there.
She had both eyes done and different lenses for each eye.

Could you ask the second opinion optician if they can remove it and put a different lense in there that’s not as strong?

You can ask your GP to refer you for a second opinion.
You can go to PALS.
You might be better off going to a no-win no-fee company.
I am so sorry this happened to you.

Ive had lens replacement in one eye as part of a bigger surgery on my eye and dont have any of those issues with regard the vision. My vision in that eye is rubbish but thats because of damage to my retina.

Did they put a plain or corrective with prescription lens in?

You say that on paper your vision is fine, what tests have they done? Have you just had a standard 'read the smallest line' test or have they done field of vision and such?

You cant just sue for medical negligence, there are steps to take, which includes the official Trust complaints procedure.

Did you sign a consent with this as the side affect? If so you can't take legal action- medical procedures take time to recover you won't be 100% straight away you had surgery, you wouldn't expect to be running after ankle surgery. Give it time

Two months doesn't sound a lot of time for it to settle? Is your prescription now very different in both eyes - would glasses help?

Following with interest as I'm going to need this surgery some time soon. You're ridiculously young to have cataracts, OP.

What side effects/recovery was explained?

I’ve just been for all these tests as was going to have the same surgery, but they wouldn’t do it because of the loss of focusing and my age (33).

What had happened in the run up to the surgery? I assume you now have reading glasses? Did they hope having different strengths in each eye would balance out the need for reading glasses?

Would it be worth getting a second opinion before going further?

Two opticians and 3 doctors/nurses all questioned why I even had the op

How was your vision before the surgery and what exactly was the diagnosis?

I’ve contacted PALS, and a local Healthwatch advocate who gave me the contact details of organisation who can advise whether I have a case for negligence or not.
I’ve not contacted them yet as I am wondering if it’s too soon.

Prescription is massively different to before operation. I had single vision weak prescription, now I have reading and distance glasses. I can only read if text is at a precise distance away from me.
And then new lens can’t focus on anything closer than arms length with distance glasses on.

I had to sign to say I was aware of the risk of sight loss due to the surgery.

My optician suggested the problems I’m having might be because of age - he said when older peooke have the surgery their abilty to focus will have already deteriorated gradually/ lifestyle not as active so they get the benefit of the clearer vision, whereas I have just gone smack new crap focusing skills in one eye only so I have wonky eyes that don’t work together properly.

I’m just worried about work and not getting paid and just feel stressed by the whole situation.

What sort of lens have the put in, does it correct for close up as well as distance, have they got your prescription correct? I would definitely be pursuing a second opinion at the very least

Sorry cross post, if they have put a single vision lens in then this is the reality of the surgery, you need a varifocal lens in a pair of glasses to compensate and to try to match the vision in both eyes better. The fact is that everyones vision goes like this once they hit 45 or so, but usually gradually in in both eyes at once, I would imagine only having one eye like this is compounding the problems.

I assume you had the surgery on the NHS, ypu could have the lens implant replaced for a multifocal one privately but it is expensive for the surgery

@scarydinosaurs this is why I’m angry at the surgeon, he mentioned nothing about loss of ability to focus. He didn’t take my age or life or job into consideration. I just naively went along with everything.

Yeah bog-standard NHS lens - I wasn’t told I could have a better lens if I went private.

Optician said verififocal glasses would probably be no different to reading/distance for me.

I'm very similar age OP and had cataract surgery a few weeks ago. NHS doctor originally said they couldn't do anything cause at my age, using the lens they usually use for older patients, I'd end up with the problems it sounds like you're having. I went to get a second opinion privately and surgeon said I needed a "multi-focal" lens to avoid these problems. So far, so good. Do you know what type of lens they put in? I don't know if NHS even do multi-focal lens ops - even my private healthcare only covered a small amount of the cost cause having a lens which avoids the suffering it sounds like you're going through is "a luxury" apparently. I'm so sorry you're going through this but could you look into the option of a multi-focal lens?

Sorry - you've just answered that above

Yes you coukd definitely have a multi focal len privately, also im not convinced I agree about the varifocal glasses not heling the one eye, the point of them is that then you can focus at all distances with one pair of glasses rather than having different glasses with a fixed range of vision. Given how much ability to focus you must have lost I am amazed they are not suggesting this as a single focus lens replacement will absolutely leave you with focusing issues, having a varifocal lens in front of the one eye will bring your eyesight more aligned with your other eye.

I wpuldnt necessarily jump into having the lens in your eye replaced with a mutli focal one. In about 10 years or so your near vision will deteriorate in your other eye so you could end up with the same inbalance in your other eye and feeling lie you have to pay out again for surgery. However if you can afford it (a couple of thousand i think) and are prepared to pay for the second eye when necessary that it would be my preferred option personally. Despite what the dr may have told you people dont lose their ability to focus through inactive lifestyles, it is an inevitable process that comes at a certain age, lifestyle is irrelevant.

If I were you personally I would persue the varifocal glasses for the one eye first as it may give you your confidence back for work, even if you do end up going for more surgery in the future.

Do you have a copy of your prescription for distance and near? It also might be worth getting advice on glasses from a new optician unconnected to the surgery as to the best course of action with your glasses, there are for example varifocal contact lenses, it feels like ypu havent been given many options.

Im honestly angry on your behalf how little explantation or help you seem to have been given here.

Im 34 and had the lens replacement last year, i assume the reason i didnt notice a lack of focus due to the lens is b ecause i have poor visual acuity due to the retina problems (6/48 so i can read from 6 mtrs what someone else can read from 48)

I have a 4 yr old DD, drive a car, work full time with computers and live a full life.

I know how awful it is to lose your vision but if you had a cateract you would have lost a lot more vision without the surgery.

See whether different glasses will help, investigate the possibility of a multi focus lens via private surgery but ultimately the NHS have done the best that they can to prevent you going completely blind in one eye.

Op, it sounds like you have experience a recognised complication of the surgery, which you acknowledge you were informed about on the consent form. This does not mean there was any medical negligence.

Any medical negligence solicitor will ask you to go through the complaint process first.

Also you would not be suing the surgeon, if you did have a case, but the NHS. The NHS self insures via the NHS litigation authority, and money paid out on claims means there is less money for patient care.

You cant just sue for medical negligence, there are steps to take, which includes the official Trust complaints procedure.

This is rubbish. if you have a legal claim you can issue proceedings as soon as you have cause of action. It's good practice to follow guidance about pre-action conduct - write a letter of claim but there is no obligation to make an official complaint at all especially if you are physically damages as a result.

OP you need to go and see a lawyer specialising in personal injuries and medical negligence. Not some random ambulance chasing firm but one with real expertise.

• you are physically damaged

I would consider complaining through PALS, the surgeon should have explained that would would completely lose your focussing ability through that eye after surgery more clearly. I agree with the other poster though that it will get better over time and that a couple of months is a short amount of time.

I think you may be best trialling a varifocal contact lens in the eye that has had surgery. It won't completely restore focussing ability in that eye, but it will be significantly better than you currently have. Having a varifocal spectacle lens only in one eye isn't always that successful and you can try lots of different lenses until you find the one that works for you.

Regarding not being offered a varifocal lens replacement when you had the cataract done, it's likely due to the fact that the success rate and patient satisfaction levels with them are often worse than with a normal lens. Consquently, many surgeons don't use them routinely.

OP you need to arrange a meeting with the surgeon/head of service to discuss why the surgery was necessary, if there were any alternatives (the only alternative to cataract surgery is no cataract surgery) and what, if any options there are now.
I’ve dealt with a few younger cataract patients and the only one who had any problems and needed revision was the bloke given a multifocal implant.
Eye surgery can take a readjustment period for some people though because it does alter their perception of the world. The majority of people readjust quickly, some take longer.
Try not to think too far ahead, claiming you’ll have to quit work because of your eyesight probably is catastrophising a bit at this point but as you use your eyes a lot for work it’s understandable that you are concerned.
As for AYBU- no one on this site can answer because unless they have access to your medical records and a background in ophthalmology they will have no real idea what the situation is. But it’s very clear you need to discuss this further with people qualified to give you the right answers.