Cambridgeshire man wins six-figure sum after cataract surgery left him blind in one eye

Stephen Hutchinson, 66, from Wisbech, has been awarded a six-figure settlement after failings in care following cataract surgery caused complete sight loss in his right eye
-Credit: (Image: Tees Law)


A Cambridgeshire man has been awarded a six-figure pay out after cataract surgery left him blind in one eye. Stephen Hutchinson had the operation at Anglia Community Eye Service (ACES) in Wisbech in October 2019.

During the surgery Mr Hutchinson suffered a tear to a part of his eye called the posterior capsule - a complication that is a significant risk factor for retinal detachment. A serious and sight-threatening medical condition, it requires urgent intervention to prevent permanent vision loss.

However the 66-year-old's solicitors said he was not informed of the tear following his surgery and was discharged "without any specific guidance on the signs of retinal detachment". 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.

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Each time, he was given reassurances that everything would be fine. His solicitor said multiple opportunities for urgent review and treatment were missed - and by the time retinal detachment was suspected, it was already too late.

Mr Hutchinson complained and ACES admitted that his 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. However it did not acknowledge that its care had fallen below a reasonable standard.

Mr Hutchinson brought a clinical negligence claim against ACES, supported by law firm Tees and associate solicitor Sarah Stocker. It secured 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."

Mr Hutchinson's local Clinical Commissioning Group (CCG) intervened after the incident but ACES declined to raise his case to a Serious Incident under the NHS's Serious Incident Framework. A Serious Incident is an event in healthcare where the potential for learning is so significant that it warrants the use of additional resources to mount a comprehensive investigation.

His legal representatives say that this highlights a significant issue with the Serious Incident Framework, where 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.

Ms Stocker said: “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."

Anglia Community Eye Service has been contacted for comment.

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