Waking During Eye Surgery
Left Partially Sighted
Our client woke during eye surgery, felt what was happening and asked repeatedly for it to stop.
What happened
Our client underwent eye surgery under anaesthetic. Partway through the procedure, they began to wake up, aware of what was happening and able to feel it.
Distressed and in pain, they repeatedly asked for the surgery to stop but it didn't. They were reassured, the level of sedation was increased, and the operation continued.
Afterwards, our client discovered they had sustained burns to their right eye. They were told their vision would improve - it didn't. They have been left with permanent scarring to the eye and partial sight loss, alongside the lasting psychological effect of being conscious, in pain, and not listened to.
What we did
Our specialist medical negligence team ran the claim on two fronts. The first was the physical injury: burns to the eye sustained during the procedure, the permanent scarring that followed, and the reassurance about recovery that turned out to be wrong.
The second was consent. Consent to surgery is not given once and then fixed. A patient who is conscious and asking for a procedure to stop is withdrawing it, and continuing regardless is a serious matter in its own right, separate from any question of surgical technique.
We gathered the medical records and anaesthetic charts, obtained independent expert evidence on the injury and the residual vision, and supported our client through a process that meant revisiting an experience they had every reason not to want to revisit.
The outcome
NJS secured £5,000 in compensation, and formal recognition of what our client went through.
The settlement reflects this client's own injuries and medical evidence. Every claim is valued on its own facts.
What if I asked for the operation to stop and they carried on?
That is a consent issue as well as a clinical one. Consent can be withdrawn during a procedure by a patient who is conscious and able to communicate, and continuing without addressing that is not simply a matter of clinical judgment. Where a patient's clear request is overridden, that may support a claim in its own right, separate from any question of whether the surgery itself was performed competently.
Will making a claim affect my ongoing eye treatment?
No. Claims are brought against the hospital trust or private provider responsible for your care and are handled by their insurers or by NHS Resolution, not by your treating clinicians. Your entitlement to ongoing NHS treatment is unaffected.
Were you awake, in pain, or ignored during a procedure?
If you felt something during an operation, asked for it to stop, or came out of surgery with an injury nobody has properly explained, we'll review what happened free of charge and with no obligation and tell you honestly whether there's a claim worth bringing.
Call: 0330 818 7754