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    I found out today, during a routine check-up with a new optician, that I have a lazy eye, which means my eyes both work fine, but the brain ignores one of them because it was getting different images early in my visual development. The severity of it suggests I've had it since early childhood, and it cannot be corrected now - it could have been during my childhood, but I'm twenty years old now and my brain can't learn to see through it.

    I've worn glasses since I was a child, so was visiting an optician during my childhood. It's not a well-hidden condition - the first thing this new optician did was see what each eye could read on the chart and said, almost immediately, "You didn't mention your lazy eye" (then, when I just looked at him, added, "You didn't know, did you?" - no, I didn't.) So that my old optician didn't detect this is a pretty big deal, plus the fact that she missed it means I wasn't treated and now can never have normal vision in that eye, it's dramatically reduced even when fully corrected by glasses and means I don't have 3D vision (so 3D films don't work, I can't even tell whether or not I'm putting something down on a table properly.) It rules me out of a career in the army (not that I wanted one, but one example of how this could screw someone over) and even prevents me from driving, because I don't meet the DVLA sight standards.

    I'm quite upset about this and, hopefully understandably, very angry with my old optician. I'd like to start a malpractice suit against her, but would I have a legal case against her? She seems to have been negligent to me...

    TL;DR: medical practioner missed a rather serious medical condition during my childhood that can now never be cured and has pretty big implications for my life and lifestyle - do I have a malpractice case against her?
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    (Original post by mangoh)

    on topic: no, complaining that u don't have a 3D view, pathetic much?
    Fail at someone who doesnt understand it so stupidly comments on it thinking it is something that isn't that important.

    Someone needs some schooling (:
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    Pretty funny you've been walking around with your eye wandering looking like a mong for years without noticing.
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    As someone working in the field of medical negligence claims I would suggest that you first write to your former optician to ask him or her to review your old records and to tell you why they think they did not identify your condition. Also ask for a copy of your full records. Once you have their response, speak to a no win no fee solicitor specialising in this field. He or she will give you an opinion on whether you are likely to win a case, and what that might be worth. I should advise you that it might be an awful lot less than you'd think.You can follow the complaint process through the NHS to the Health Service Ombudsman.
    Good luck,
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    Hmm potentially. In a clin neg claim you have 3 years to bring a claim. This runs from either the date you realised or should have realised something was wrong with your treatment OR you 18th birthday if you were a minor when the potential negligence occurred. If you had problems with your vision prior to the date your lazy eye was diagnosed its very possible you had an earlier "date of knowledge". If it has been 3 years then it is likely your claim will be statute barred and most firms will not touch you with a bargepole.

    If it looks like you are still within limitation, consider making a claim. I'd advise you to check any insurance policies you have first, including home/contents cover, bank accounts, life insurance etc because you may have legal expenses insurance that would cover investigation into your claim. This is the first thing a decent solicitor will check.

    If you don't have LEI, you could consider taking out a conditional fee agreement (colloquially "no win no fee") BUT bear in mind you will usually be asked to cover disbursements, that is expenses e.g. £50 for each set of medical records, hundreds and possibly a grand or more for expert reports, court fees etc. So make sure you get a full break down of the likely disbursements if you go that route.

    Personally I would advise you to get a legal opinion before making a complaint, especially if limitation might be an issue. The exception is if you are eligible for legal aid (which includes a means test) then you will need to have exhausted the NHS complaints procedure before proceeding to a claim. But any LSC solicitor worth their salt will be able to advise you of that.

    Can't comment on your case without more details, but there's no harm in getting someone to look at it, worst they can say is that you have no claim =) Good luck!
 
 
 
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