If you are concerned about the outcome of cataract surgery or lens replacement surgery, you may be wondering whether it is too late to bring a medical negligence claim.
This is a common concern in eye surgery cases, particularly where symptoms developed gradually or were only linked to the surgery some time later. In England & Wales, strict time limits apply, but those limits do not always run from the date of surgery itself.
This page explains, in general terms, how time limits usually work for eye surgery negligence claims and why the concept of the “date of knowledge” is often central.
Important: This information is general only and does not constitute legal advice. Limitation is fact-specific and should always be assessed individually.
In most medical negligence claims in England & Wales, court proceedings are generally expected to be issued within three years.
The three-year period usually runs from either:
the date of the negligent treatment, or
the claimant’s date of knowledge.
Which of these applies will depend on the facts of the case.
The date of knowledge is not necessarily the date when symptoms first appeared.
In broad terms, the date of knowledge is when you first knew, or could reasonably have known, that:
you had suffered a significant injury, and
the injury may be attributable to the medical treatment you received.
A formal diagnosis or confirmation of negligence is not always required for this date to arise.
Eye surgery claims often involve delayed or unclear symptoms, making the date of knowledge particularly relevant.
In cataract and lens replacement surgery cases, problems may:
develop slowly over months or years,
fluctuate in severity, or
worsen progressively rather than appearing immediately.
Patients are frequently reassured that symptoms are unrelated to surgery, for example:
being told symptoms are due to dry eye,
being advised that new glasses are required, or
being reassured that symptoms are part of the normal ageing process.
In these circumstances, it may not be reasonable to expect a patient to suspect negligence at an early stage.
The date of knowledge is assessed on a case-by-case basis. Common triggers in eye surgery claims may include the following.
being told by a clinician that something may have gone wrong during surgery,
being informed that the surgical outcome is not as expected.
investigations confirming a likely cause of symptoms,
a recommendation for further procedures, such as lens exchange or corrective surgery.
receiving information that reasonably leads you to suspect your symptoms may be linked to the original surgery.
Even where the date of knowledge may arise later, early advice is usually advisable.
As time passes:
Obtaining advice early allows limitation to be assessed properly and reduces the risk of avoidable procedural issues.
If you are uncertain whether you are still within time to bring an eye surgery negligence claim, the following steps can help.
Obtain your full records, including surgical notes and implant details, from both NHS and private providers.
Record:
when symptoms began,
how they progressed,
appointments attended, and
what you were told and when.
A solicitor experienced in medical negligence can review the records and advise whether your claim may still be brought.
Time limits are fact-specific. In England and Wales, many clinical negligence claims are subject to a three-year limitation period from the date of injury or date of knowledge (with exceptions). Early advice is often helpful while records are being gathered.
If you are concerned about time limits following cataract surgery or lens replacement surgery, NJS Law can review your circumstances and advise you on your position.
We regularly act in medical negligence claims and understand the particular issues that arise in eye surgery cases, including complex limitation questions and the date of knowledge.
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