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.

My relative had cataract surgery and she knew something was not right with it as her vision felt weird even after recovery period.
The hospital kept saying it was fine after numerous visits- finally she managed to speak to a specialist there and he took a look at it again and confirmed the lens was “off”. It’s taken a whole year for them to
Say they will re-do the operation. The handling of the situation really depressed my relative.

Why did you have this done? What was the purpose?

Sorry reread post re cataract

Just wanted to say that even if you have signed a consent form, if you can show that the risks weren't fully explained to you the consent form won't necessarily stand up in a court of law

Newyear you are completely wrong, you do not have to go through any complaints procedure with the NHS trust and lots of medical negligence solicitors would advise against contacting PALS before they have assessed your medical notes.

OP I can't help with your particular problem and I'm so sorry you are in this situation, check your house insurance for legal cover, it is often included and will cover medical negligence. I can give you a personal recommendation of a very good legal firm if you pm me.

You wouldn't sue the surgeon, you'd sue the trust and that's only if you can prove there was negligence, which it doesn't really sound like there necessarily was. If you work in a lab does that mean you are NHS too? If you are then you are in one of the most protected jobs you can be in so I wouldn't be worrying about quitting.

If you hadn't had the surgery what would your prognosis have been?

If you are experiencing side effects that are recognized risks of surgery and the doctors followed procdures you will have no case to answer.

For example you have surgery to correct back pain but there is a 5- 10% chance you could lose function in your legs and sadly you fall into that low margin, You do not suddenly have a claim despite you now being in a worse off conidstion then you started with.

If they had followed procedure and did not directly cause any side effects (aka their hand slipped with the scapple and it cut the spinal cord so their mistake directly caused the injury) Then you have no claim, it is what the consent form is about it is your waiveing your rights / accepting the risks of complications directly mentioned because lets be real no surgery is 100% safe their will always be risks.

It is a recognised outcome that you will lose accommodation after cataract surgery.

People who notice it less will be older patients (who lose it anyway termed presbyopia and those who are reasonably myopic who learn to rely on accommodative drive and convergence so can focus for near to a much older age)

I find it hard to believe that a competent cataract surgeon would not have explained this to a less than 40 year old patient having cataract surgery. It will be detailed in your consent form.

Cataract surgery or lensectomy can be performed on very young children if there is a risk of amblyopia often putting an intraocular lens in at a later date and relying on contact lenses.

Either way recovery period is anything from 6 weeks to months depending on the patient. I would give it time and bare in mind if you had prescription glasses prior to survey you maybe noticing a difference between the two eyes. Speak with your surgeon and optician first. Most really do want to help you.

From the way you have described the risks as explained to you here it sounds like you were told about possible loss of sight but as in you wouldn't be able to see out of the eye at all as the operation wouldn't have worked, rather than there could be complications that would restrict how you would see, even if you could see some things under some conditions.

If this is the case then it certainly sounds like they need to improve their explanations of the risks involved - maybe they just have a standard script that is based around old people's eyesight rather than your eyesight, but that doesn't excuse them not telling you the risks properly!

Good luck in getting something sorted...

Without going into too much detail, have you thought about the health services ombudsman? I think they upheld a similar case where consent form signed but risks not properly explained within the right timescale.

I had cataract surgery two years ago on the NHS. I remember the consent form mentioning some risks but not about focusing. I was able to see on the operating table as soon as the new lens was in. I could see the surgeon out of the corner of my eye. The surgeon put a patch over to be removed the next morning. My vision was good straight away. The NHS use the long distance lens so I just need reading glasses. If you have no other eye problems except cataracts it should be the same for you. I am sorry your surgery didn't work well OP. I would definitely mention it. My second eye surgery was good too.

@vintageBMS just wondering how things are now with your eyes?

I am similar age to you and have been advised to have the cataract in my right eye removed as it’s started growing (having not changed much my whole life - I was born with them). I had the left one done at 17 but that was my less dominant ‘lazy eye’.
I’m fortunate to have insurance cover but they’ll only cover the standard lens so I will need to decide if I pay for the fancy multi focal lens myself.
I already need glasses for distance so the thought of needing reading glasses at my age forever is a bit depressing. But mostly I’m afraid of feeling all out of sorts and my view of the world changing after the op.

I had my cataract done last year. I did not have to have time off work, on,y eye drops for a month and it was very important to do them. Whilst I had a lender put in to sort my vision when I had my eyes tested after the four weeks I still need glasses to sharpen the vision. Have you been to the optician and asked! Occasionally my eye feels as if there is a smear of Vaseline over it, but a quick set of blinks clears it, are your eyes dry, do you need drops?

Sorry lende should read lense.