Man with avoidable sight loss wins negligence case against Wisbech clinic
A 66-year-old Wisbech man has been awarded a six-figure settlement after failings in care following cataract surgery caused complete sight loss in his right eye.
Following a clinical negligence claim by Stephen Hutchinson, Anglia Community Eye Service (ACES) admitted liability for serious failings in care leading to avoidable vision loss from retinal detachment.
Additionally, ACES admitted liability for failing to put in place appropriate care and diligence following surgery. Mr Hutchinson, who was represented by regional law firm Tees, should have received a regular follow-up every one to three days for up to six weeks after surgery.
Mr Hutchinson learned through his claim that his sight loss was avoidable.
He first attended ACES in Cromwell Road, Wisbech in October 2019 for cataract surgery, during which he suffered a tear to a part of his eye called the posterior capsule.
This type of complication is a significant risk factor for retinal detachment, a serious and sight-threatening medical condition that requires urgent intervention to prevent permanent vision loss.
However, the claim said Mr Hutchinson was not informed of the tear following his surgery and was discharged without any specific guidance on the signs of retinal detachment.
The claim added that, over the next week, Mr Hutchinson made five calls to the clinic and attended a follow-up appointment at ACES, citing concerns about deteriorating vision in his right eye.
Each time, he was given reassurances that everything would be fine. “Multiple opportunities for urgent review and treatment were missed, meaning that by the time retinal detachment was suspected, it was already far too late,” said a spokesman from Tees.
They added: “Following a complaint made by Mr Hutchinson, ACES admitted that the patient’s care and outcomes may have been better if he had been seen sooner and provided with a full explanation of what had happened in his surgery.
“It did not, however, acknowledge that its care had fallen below a reasonable standard.
“Despite the intervention of Mr Hutchinson’s local Clinical Commissioning Group (CCG), ACES declined to raise Mr Hutchinson’s case to a Serious Incident under the NHS’s Serious Incident Framework.”
A Serious Incident is an event in healthcare where the learning potential is so significant that it warrants the use of additional resources to mount a comprehensive investigation.
“This highlights a significant issue with the Serious Incident Framework, whereby one care provider can disagree with the classification of a healthcare event as a Serious Incident, preventing an investigation from taking place and resulting in missed opportunities to learn lessons and protect future patients.
“Mr Hutchinson felt he had no choice but to bring a clinical negligence claim against ACES, supported by Tees. Led by associate solicitor Sarah Stocker, Mr Hutchinson’s case was successful in securing admissions of liability from ACES, a letter of apology and a damages settlement commensurate with the impact his vision loss has had on his life.”
Ms Stocker said: “It is regrettable that Mr Hutchinson was unable to get answers through the complaints process and had to learn through a lengthy and stressful clinical negligence claim that his vision loss was completely avoidable.
“His case highlights the complexities of navigating the complaints procedure following a clinical negligence incident, and the barriers that currently stand in the way of patients getting answers to what happened to them.
“The loophole that currently exists in the Serious Incident Framework is particularly concerning. No care provider should be able to unilaterally decide whether or not a healthcare event constitutes a Serious Incident, as this has clear ramifications for patient safety and the ability to prevent future clinical negligence incidents.”
ACES has been approached for comment.
