Need some advise.

Thelostcountry

Hi guys.

Two years ago, I had laser eye surgery up North, Post op, I was very happy, up until eight months,my vision started to regress. I went back to the clinic told them i feel my vision is regressing, I was told not to panic! "it will level out and improve" I also told them driven at night is difficult, as I am having bad starburst sideffects(ie, car lights are really bright and look like bright rays) told this will also" LEVEL OUT AND SUBSIDE"

Today, I still have starburst,cluey/sticky eyes in the morning and I am now back wearing glasses full time!!

When i went to the optican, she informed me that I was not a candidate for laser eye surgery! as I have a Amblyopia( "lazy eye,") which is below driven standard EVEN with corrective lenses. she told me that my surgent took a big RISK!

It all makes sense now, as to when I tried down south here NO laser clinic would carry out laser eye surgery on me . I went to four different clinics!

This is why I was really surprised when up north told me they could do it, I asked why can you guys do it when down south they wont touch me! My surgents reply; "WE HAVE A MORE UP TO DATE LASER"

So my question is, should I seek legal advise? in your opinion do you feel the surgent was negligent?

I would really appreciate some help here.

Thanks.

John.

Tom Young

Charter. I'd say seek advice but do so after you've read the terms of surgery. You signed something undoubtedly. Lazer eye surgery comes with risks, including regression of sight, dry eyes, etc. solicitor after reading contracts.

MagicSean

So despite four doctors telling you laser eye surgery was not suitable you kept looking til you found one who would do it? Was it Dr Nick?

Peregrinus

Yes, you should seek legal advice. You should not rely on our opinions as to whether the surgeon who operated on you was negligent; how would we know?

Thelostcountry

MagicSean wrote: »

So despite four doctors telling you laser eye surgery was not suitable you kept looking til you found one who would do it? Was it Dr Nick?

No, it was Dr Dick! I would say you know him well.

If You have nothing constructive to add, please dont post here!

Thelostcountry

Tom Young wrote: »

Charter. I'd say seek advice but do so after you've read the terms of surgery. You signed something undoubtedly. Lazer eye surgery comes with risks, including regression of sight, dry eyes, etc. solicitor after reading contracts.

Yes, I did sign alot of forms, but i was told thats all out the window as I was not a candidate in the first place.

Thank you for posting.

Indo404

MagicSean wrote: »

So despite four doctors telling you laser eye surgery was not suitable you kept looking til you found one who would do it? Was it Dr Nick?

Good point. Volenti non fit iniuria/injuria

Peregrinus

Thelostcountry wrote: »

Yes, I did sign alot of forms, but i was told thats all out the window as I was not a candidate in the first place.

But you must have signed some forms in the clinic where they actually did the work.

mikemac1

New kind of laser?

Did they tell you Wavefront?

That helps with the night vision and starburst but it isn't new, been around almost a decade

I think you fell for a sales pitch from a cowboy clinic

Consult a solicitor, they are lots and lots of firms who would take medical cases.

They will not take the word of an optician, if the case goes ahead you go to an ophthalmologist.

You can see one privately with pretty much no waiting list, around 120 euro or so. Fairly standard fee for a consultant type person

Much more advanced training then an optician


The four clinics who turned you down are profit making private companies.
They wanted your business but they still turned you down
That realy should have told you something

I don't think you have a case but hey, a solicitor will meet you for a free consultation

Indo404

Also A person who has been injured has 2 years from date of knowledge to institute proceedings, in accordance with the Courts and Civil Liability Act 2004. You still have time but I agree with previous post. Get a free consultation from a PI solicitor.

coylemj

It's an interesting scenario from a legal perspective. The OP was turned down by four clinics down here but the folk up north accepted him and gave him the treatment he was looking for even though it now appears that that was ill-advised from a medical viewpoint and the advice he got south of the border was correct.

If he takes the clinic to court and for whatever reason, the fact that he was turned down four times before he found someone to treat him comes up in evidence, what effect if any will that have on the case?

Potentially it shows that the OP was reckless and would accept the treatment from any cowboy prepared to take his money - but surely the NI clinic can't rely on that defence so does it have any relevance at all in a civil claim? Under the rules applying to civil cases, is the OP obliged to make this fact known to the other side or could he just go ahead as if they were the only crowd he consulted and so he can potentially make out to be a completely unfortunate victim of medical recklessness?

Thelostcountry

mikemac1 wrote: »

New kind of laser?

Did they tell you Wavefront?

That helps with the night vision and starburst but it isn't new, been around almost a decade

I think you fell for a sales pitch from a cowboy clinic

Consult a solicitor, they are lots and lots of firms who would take medical cases.

They will not take the word of an optician, if the case goes ahead you go to an ophthalmologist.

You can see one privately with pretty much no waiting list, around 120 euro or so. Fairly standard fee for a consultant type person

Much more advanced training then an optician


The four clinics who turned you down are profit making private companies.
They wanted your business but they still turned you down
That realy should have told you something

I don't think you have a case but hey, a solicitor will meet you for a free consultation

No mention of wave front, just said his laser was PX3000 bla bla .

I just really feel hard done by, 3000 pound down,back wearing glasses and bad side effects.

Thank.

mikemac1

Can a solicitor in the Republic help the OP or does the OP need to get a Nordie solicitor?

Just interested to know

I'm unsure how it works to take on a company in a different country

Indo404

mikemac1 wrote: »

Can a solicitor in the Republic help the OP or does the OP need to get a Nordie solicitor?

Just interested to know

I'm unsure how it works to take on a company in a different country

If the clinic targets clients in the Republic (e.g. ads or website), you can sue in Republic.

Pat Mustard

Indo404 wrote: »

Also A person who has been injured has 2 years from date of knowledge to institute proceedings, in accordance with the Courts and Civil Liability Act 2004. You still have time but I agree with previous post. Get a free consultation from a PI solicitor.

This is not correct. The OP has described something that happened in NI.

http://www.legislation.gov.uk/ukpga/1980/58/section/11

OP, get legal advice from a solicitor who is qualified to practise in the UK and Northern Ireland. You need to get advice as quickly as possible.

Indo404

The Mustard wrote: »

This is not correct. The OP has described something that happened in NI.

http://www.legislation.gov.uk/ukpga/1980/58/section/11

OP, get legal advice from a solicitor who is qualified to practise in the UK and Northern Ireland. You need to get advice as quickly as possible.

Have a look at EU Regulation No 44/2001:
Where a contract is concluded by a person who is a consumer, and
is concluded for a purpose that can be regarded as being outside his trade or
profession, jurisdiction is determined in accordance with s.4 of the Brussels I
Regulation if:
― it is a contract for the sale of goods on instalment credit terms; or
― it is a contract for a loan repayable by instalments, or for any other
form of credit, made to finance the sale of goods; or
― in all other cases, the contract has been concluded with a person who
pursues commercial or professional activities in the Member State of
the consumer’s domicile or, by any means, directs such activities to
that Member State or to several States including that Member State,
and the contract falls within the scope of such activities.

He can sue in the Republic as a consumer even if he got his treatment in NI.

But I agree that he should consult a PI solicitor (and barrister).

MagicSean

Thelostcountry wrote: »

No, it was Dr Dick! I would say you know him well.

If You have nothing constructive to add, please dont post here!

No sorry. Never heard of him. Did you google him to see if he's the subject of any malpractice claims.

Pat Mustard

Indo404 wrote: »

Have a look at EU Regulation No 44/2001:
Where a contract is concluded by a person who is a consumer, and
is concluded for a purpose that can be regarded as being outside his trade or
profession, jurisdiction is determined in accordance with s.4 of the Brussels I
Regulation if:
― it is a contract for the sale of goods on instalment credit terms; or
― it is a contract for a loan repayable by instalments, or for any other
form of credit, made to finance the sale of goods; or
― in all other cases, the contract has been concluded with a person who
pursues commercial or professional activities in the Member State of
the consumer’s domicile or, by any means, directs such activities to
that Member State or to several States including that Member State,
and the contract falls within the scope of such activities.

He can sue in the Republic as a consumer even if he got his treatment in NI.

But I agree that he should consult a PI solicitor (and barrister).

You refer to a cause of action based on breach of contract. Did you consider jurisdiction in relation to negligence?

Blackrockcomet

OP - As stated above you need to see a clinical negligence solicitor.
If you don't know a medical negilgence solicitor, no one can recommend one for you and aren't happy googling one, go to your local solicitor who will refer you to one. (Most solicitors won't take on medical negligence cases due to the complexity,cost and inevitable delay in getting a pay out)

Thelostcountry

Indo404 wrote: »

If the clinic targets clients in the Republic (e.g. ads or website), you can sue in Republic.

Yes, I found out about the clinic in The Irish Independent. (sorry i ever bought that paper)

ResearchWill

Indo404 wrote: »

Have a look at EU Regulation No 44/2001:
Where a contract is concluded by a person who is a consumer, and
is concluded for a purpose that can be regarded as being outside his trade or
profession, jurisdiction is determined in accordance with s.4 of the Brussels I
Regulation if:
― it is a contract for the sale of goods on instalment credit terms; or
― it is a contract for a loan repayable by instalments, or for any other
form of credit, made to finance the sale of goods; or
― in all other cases, the contract has been concluded with a person who
pursues commercial or professional activities in the Member State of
the consumer’s domicile or, by any means, directs such activities to
that Member State or to several States including that Member State,
and the contract falls within the scope of such activities.

He can sue in the Republic as a consumer even if he got his treatment in NI.

But I agree that he should consult a PI solicitor (and barrister).

Why reading the whole thing is best "3. in matters relating to tort, delict or quasi-delict, in the courts for the place where the harmful event occurred or may occur;"

krd

Thelostcountry wrote: »

I just really feel hard done by, 3000 pound down,back wearing glasses and bad side effects.

Thank.

This wasn't your eye surgeon by any chance?




The Nordies are getting out of washed diesel and into dodgy eye operations.

We should have never had that Good Friday thing, and let the British forces finish them off. It's funny how sometimes people are trying to help you, and you don't realise it till it's too late.

coylemj

Thelostcountry wrote: »

Yes, I found out about the clinic in The Irish Independent. (sorry i ever bought that paper)

You're not the first person who read an article about a medical practice in The Indo newspapers and regretted following up on it. This woman didn't live to tell the tale.....

http://www.irishcentral.com/news/Dr-Botch-trial-begins-in-plastic-surgery-death-of-Irish-woman-91800329.html

If the article you read contained any kind of endorsement of that laser surgery, you might have a case against the Indo, they surely wouldn't want the case of that Limerick woman coming up again.

drkpower

Peregrinus wrote: »

But you must have signed some forms in the clinic where they actually did the work.

The signing of forms doesnt matter a whole lot if the information she was given wasnt adequate, or if she was advised that the procedure was appropriate for her, yet it wasnt.

drkpower

coylemj wrote: »

Potentially it shows that the OP was reckless and would accept the treatment from any cowboy prepared to take his money - but surely the NI clinic can't rely on that defence so does it have any relevance at all in a civil claim? Under the rules applying to civil cases, is the OP obliged to make this fact known to the other side or could he just go ahead as if they were the only crowd he consulted and so he can potentially make out to be a completely unfortunate victim of medical recklessness?

It isnt likely to be a game changer. Whether 4 other clinics turned her down does not especially change the duty that the NI had to appropriately advise her as to whether this type of surgery was appropriate for her to undergo.

Thelostcountry

coylemj wrote: »

You're not the first person who read an article about a medical practice in The Indo newspapers and regretted following up on it. This woman didn't live to tell the tale.....

http://www.irishcentral.com/news/Dr-Botch-trial-begins-in-plastic-surgery-death-of-Irish-woman-91800329.html

If the article you read contained any kind of endorsement of that laser surgery, you might have a case against the Indo, they surely wouldn't want the case of that Limerick woman coming up again.

Jesus that poor Women. I can't remember what the artical read exactly but it went something like " for a free consultation free phone 0044 xxxxxxxx or email xxxxx@yahoo.com

Thelostcountry

The first thing I am going to do is,book an opointment with an ophthalmologist, get a report from him/her in writing.