What counts as laser eye surgery negligence?
Short answer
Laser eye surgery negligence occurs when a surgeon or clinic providing LASIK, LASEK, or a similar refractive procedure falls below the standard a reasonably competent provider would meet — whether in screening, surgical technique, aftercare, or the informed-consent discussion — and that failure causes harm. The fact the procedure is elective and often marketed commercially does not lower the legal standard applied to it.
Refractive surgery sits at the intersection of several regulators: surgeons are typically GMC-registered doctors, while pre-operative assessment and aftercare is often carried out by optometrists regulated by the General Optical Council (GOC). Private clinics providing surgical treatment are also CQC-registered in England. A claim can name whichever of these — clinic, surgeon, or optometrist — actually fell short.
What are the most common types of laser eye surgery negligence?
Inadequate pre-operative assessment
LASIK and LASEK are unsuitable for some patients — those with keratoconus, unusually thin corneas, unstable prescriptions, or certain pre-existing eye conditions. A competent clinic screens for these with corneal topography and pachymetry before agreeing to operate. Proceeding without proper screening, or overlooking results that should have ruled a patient out, is one of the most common bases for a claim.
Overcorrection or undercorrection
Removing too much or too little corneal tissue during the laser ablation leaves the patient with a new, uncorrected refractive error — sometimes worse than their original prescription — often requiring further surgery or a permanent return to glasses or contact lenses.
Corneal flap complications (LASIK)
LASIK involves cutting a thin flap in the cornea before the laser treatment. Complications include a flap cut too thin or irregularly, flap displacement after surgery, or debris trapped underneath causing inflammation (diffuse lamellar keratitis) — all of which can permanently affect vision quality if not managed correctly.
Corneal burns and thermal damage
Incorrect laser calibration, excessive energy settings, or equipment faults can cause thermal damage to the cornea, leading to scarring and permanently reduced vision.
Infection (keratitis)
Poor aseptic technique or inadequate post-operative hygiene advice can allow infection to take hold in the healing cornea. Bacterial or fungal keratitis after refractive surgery can cause permanent scarring and vision loss if not identified and treated promptly.
Failure to warn of realistic risks and outcomes
Persistent dry eye, glare and halos at night, and the possibility that full correction won't be achieved are all known, foreseeable risks of laser eye surgery. A clinic that markets the procedure as risk-free, or fails to have a proper informed-consent conversation tailored to your own eyes and prescription, may be liable under the Montgomery standard even where the surgical technique itself was competent.
Why informed consent matters more for elective surgery
Because refractive surgery is elective rather than medically necessary, the Montgomery standard on informed consent is applied particularly strictly. You should have been told, in a way tailored to your own eyes and prescription, about the realistic chance of needing glasses again, the risk of dry eye and night-vision disturbance, and any factors specific to you that increased your individual risk. Marketing material promising guaranteed results does not meet this standard.
What evidence does a laser eye surgery claim need?
- Pre-operative assessment records — corneal topography, pachymetry, and the notes of any suitability discussion.
- The consent form and any separate record of what was actually explained to you.
- Operative notes recording the laser settings used and any complications noted at the time.
- Post-operative and follow-up records.
- Independent expert evidence from a consultant ophthalmologist.
- Evidence of ongoing symptoms — further treatment needed, glasses or contact lenses now required, or a formal visual acuity assessment.
What is the time limit?
Three years from the date of the surgery, or from the date of knowledge — when you first realised your problems were caused by the procedure rather than being part of normal healing — under the Limitation Act 1980.
How is a laser eye surgery claim funded?
As with other clinical negligence claims, these are almost always funded on a Conditional Fee Agreement — no win no fee. You pay nothing upfront, and nothing if the claim doesn't succeed.
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Frequently asked questions
Can I claim if I signed a consent form before laser eye surgery?
Yes. A consent form records what you were told, not a waiver of your right to competent treatment. Under the Montgomery standard, you should have been told about every material risk — including realistic success rates for your specific prescription and any pre-existing eye conditions that increase risk. If that discussion didn't happen properly, or the surgery itself was performed negligently, a consent form doesn't prevent a claim.
Was the clinic required to screen me properly beforehand?
Yes. A proper pre-operative assessment — corneal thickness (pachymetry), corneal topography to rule out keratoconus, pupil size, and a stable prescription for at least a year — is standard practice before LASIK or LASEK. Operating on an unsuitable candidate, or skipping these checks under commercial pressure, is a frequent basis for a successful claim.
Who do I actually claim against — the surgeon or the clinic?
Usually the clinic or company that operated the practice, since it employed or contracted the surgeon and is responsible for the standard of care overall. Where a separate optometrist carried out your pre-operative assessment or aftercare, they may also be liable, and the General Optical Council regulates their professional conduct separately from the surgeon's own regulator.
What if my vision was already poor before the surgery went wrong?
That doesn't prevent a claim. The question is whether the surgery made your vision worse than it would otherwise be, or caused a problem (dry eye, glare, halos, corneal scarring) you wouldn't otherwise have had. An independent ophthalmic expert compares your actual outcome against what a competent, properly-consented procedure should have achieved.
How long do I have to bring a claim?
Three years from the date of the surgery, or from the date you knew (or ought reasonably to have known) that your ongoing problems were caused by the procedure rather than being a normal recovery experience — under the Limitation Act 1980.
Related guides
- Medical negligence claims — complete guide
- Private hospital and clinic negligence claims
- Evidence for your claim
Sources & further reading
Primary statute, case law and regulator guidance referenced in this article.