Case Studies

Specsavers clinical negligence case study

Adam Horner succeeded in pursuing a clinical negligence claim against Specsavers, who had denied liability after our client contracted an infection from extended wear contact lenses, leading to a small scar on her eye.

The client had required lenses for a number of years, but records regarding visual acuity in her right eye were inconsistent across various opticians and there was no evidence that she ever received assessment of the quantity or quality of the ocular tear film at any stage from a treating practitioner.

The claimant suffered dryness, which implied a deficiency in the tear film. A breakdown of this in the presence of a contact lens can lead to damage to the corneal epithelium and allow infections to develop, which was the case for our client.

As a result, Adam argued that the opticians had failed to review the client adequately on several occasions and did not warn her of the risks of changing from daily wear lenses to extended wear lenses, in particular the risk of infection which ultimately occurred due to overnight wear that caused weakness in the tear film.

Adam promptly organised for a highly qualified and experienced Optometrist to examine the claimant to detail the prognosis of the condition and any recommendations regarding future treatment.

His research established that Specsavers employees had failed to identify that the client had developed a thin and fragile ocular tear film, with a small tear meniscus prism, indicating that she had dry eyes and would therefore be advised not to wear contact lenses.

The prolonged use of extended wear lenses led to the client contracting an infection which in turn caused the scarring, meaning Adam was able to settle the case having issued court proceedings.

McHale & Co are an accredited APIL (Association of Personal Injury Lawyers) Practice. If you have been in an accident and would like to get in touch with our Personal Injury experts, call 0161 928 3848 or email mch@mchaleandco.co.uk.