NHS delays for eye patients 'may be open to greater scrutiny'

International law firm RPC warns there could be a rise in claims over delays for non-surgical treatment 'given the relative ease in which it could have been provided'

Commenting on new figures that show hundreds of people have lost their sight because of delays in treating NHS patients, Partner Sian Morgan and Associate Fadzai Smith, said:

"New statistics on patients suffering the consequences of even short delays in obtaining ophthalmological treatment in the NHS are disheartening, but unsurprising. 

"The impact of losing your sight cannot be downplayed. 

"In acknowledgement of the post pandemic delays in the NHS, the Public Accounts Committee launched an inquiry: 'Managing NHS backlogs & waiting times'. 

"This highlighted that at the start of the Covid 19 Pandemic, NHS England had not met its elective waiting time performance standards across disciplines for four years and that the recovery of the NHS could not succeed without addressing its longstanding workforce issues. 

"In response to this report, the Royal College of Ophthalmologists stressed the need for a consistent national coordination and resourcing of proven eye care innovations as well as proposed an increase in the use of independent sector providers, to support the NHS in addressing the backlog and waiting times.

"While positive steps are being taking to address this backlog, there will be patients seeking redress for the consequences of these delays. 

"Any claims for compensation will need to be considered carefully and patients will need to show that the delay in their treatment was unreasonable and resulted in an injury. 

"Given historic waiting list issues, as well as the necessary restrictions caused by the global pandemic, delays in receiving surgical treatment may not result in a successful claim. 

"However, delays in receiving other treatment, such as the provision of medication, may be open to greater scrutiny given the relative ease in which that treatment could have been provided. 

"Each claim will need to be considered on its own merits."