Foreign Bodies
in the Eye Claims

A foreign body can get into the eye in various ways, whether that be a fragment of wood, or a shard of metal or ceramic splintering off at work or during DIY. As a result, tradesmen are at a greater risk of this happening but it can happen in various accidental circumstances.

Initially a foreign body in the eye can result in:

• Pain
• Scratching feeling
• Blurred or loss of vision
• Sensitivity
• Watering
• Bloodshot eye
• Headaches
• Double vision

If you suspect that a foreign body may have entered the eye via any means, it is important to seek medical advice. Foreign bodies, if not identified and removed, can result in the delay of any symptoms subsiding and can result in further complication in the future.

It can often be very difficult to identify foreign bodies in the eye, particularly if they have entered at high velocity and may have penetrated the eye. For this reason it may be necessary to use specialist machinery operated by an Ophthalmologist (specialist eye doctor) to identify such foreign bodies.

Failure to diagnose or a delay in diagnosis can occur as a result of a failing to carry out necessary investigations, such as x-rays and examinations using specialist equipment when attending A&E, thus causing the injury. It can also result from a lack of referral for specialist care or appropriate follow-up care.

Delay in diagnosis can cause various issues, such as the development of infection. It is unlikely the foreign body would be sterile and the presence of bacteria may result in infection if not removed and the eye cleaned.

Scarring can also occur if the foreign body is a fragment of metal, as chemical reactions with the liquid in or on the eye can cause a ‘rust ring’ to developed around the fragment, which may be more difficult to remove than the fragment itself and require additional treatment.

Effects on sight depend on the extent of the injury and the delay. The delay can affect the outcome of treatment and whether full recovery is possible. Negligence can result in prolonged avoidable issues with sight in the eye, to permanent loss of vision, impaired vision, sensitivity or loss of depth perception.

If you feel that you or a family member have suffered as a result of negligence caused by your care provider, you may be entitled to bring about a claim.

If you have personally suffered the negligence, you may bring about a claim in your own right. However, it may also be the case that the person who has suffered has passed away or they may be unable to bring about a claim themselves as they no longer have capacity.

In such circumstances, a claim can be brought about on their behalf either by an appropriate person or litigation friend if the individual is still with us, or by the executor of the estate of surviving dependant if they have passed.

Our team will be able to assess on the prospects of your case and whether you would be eligible to make a claim.

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims, this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th birthday.

The law surrounding limitation periods is complex. Our specialist team will be able to advise further.

It is often difficult to value claims at their outset, given the complexities involved. However, we will pursue two forms of compensation for you:

General damages – for the pain and suffering you have endured as a result of the negligence.

Special damages – for all of your out-of-pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future.

Fatal Accidents Act claim – for cases involving the death of a loved one a claim under the fatal accidents act may be able to be made which allows (in certain circumstances) for a statutory bereavement award.

This list is not exhaustive and is very case-specific.

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.

For some examples of successful cases and claim amounts awarded, read the case studies featured here.