$900,000 in damages awarded after laser eye surgery in UK

Ms Stephanie Holloway had sought £1 million in damages after she claimed she was not properly informed of the risks of the procedure, which was carried out by surgeon Dr Joanna McGraw in 2008, who was working as a locum at the time.
Dr McGraw’s representatives claimed that Ms Holloway, from Lee-on-Solent, had been warned about the risks associated with a procedure on her type of eyes, but according to a report published on the Mail Online, Judge Edward Bailey told the court that there was no way that the surgeon could have given her all the relevant information in such a small space of time.
Dr McGraw was reported to have told the court that though she had little mory of their consultation, she would have warned Ms Holloway of the risks associated with her type of eyes and that the surgery might not correct her probls.
The court was said to have heard that Ms Holloway was instructed to sign a consent form, described by the judge as “inappropriate”, an hour before surgery. She was said to have likened the experience to being on a conveyer belt and said she was coaxed into the surgery by an optometrist who told her he had undergone the same procedure.
Media reports suggest that Optical Express had hired a private detective to film Ms Holloway for three days. However, Dr Rob Hendry, medical director at the Medical Protection Society, which represented Dr McGraw, said it was the MPS that sanctioned the use of the investigator.
A spokesperson for Optical Express said: “We are extrely disappointed by the verdict and for Dr McGraw, a highly-skilled and compassionate surgeon who has successfully improved the eyesight and the lives of over 25,000 patients. We believe the surgeon clearly followed the consent process recommended by the Royal College of Ophthalmologists and are very disappointed that this was not reflected in the judgent.
“Dr McGraw examined the patient almost one week prior to the day of surgery in an effort to provide the best level of care and ensure a thorough informed consent.
‘We would like to make it clear that Optical Express did not commission the surveillance of Ms Holloway, nor have we ever done so in over 20 years of business. The case was handled by the surgeon’s insurers. We now understand this is a standard procedure by insurance companies in the case of major claims. However, Optical Express had no involvent in this surveillance and was unaware it had taken place, until immediately prior to the commencent of the court case.
“As the UK’s largest provider of laser eye surgery, our ophthalmic surgeons carry out over 100,000 procedures in the UK every year. However, it is important to point out that not everyone is suitable for surgery. Over the past five years we have declined to treat more than 150,000 patients based on our strict informed consent process and clinical parameters.
“Whilst all surgical procedures carry a risk, Optical Express only uses the very latest technology, ploys the most experienced surgeons and continually reviews procedures to reduce the chance of a complication or unsatisfactory result. Our excellent clinical outcomes clearly donstrate that our patients are in good hands.
“Patient care is our number one priority and we go to great lengths to ensure that everyone makes a thoughtful and well-informed decision whether to proceed with the type of surgery they select. As one of many examples, we now provide all patients with a comprehensive video that contains details of risks, benefits and alternatives to surgery as part of the consent process.
“Optical Express will support Dr McGraw and liaise with her insurers to review the outcome and explore the options for further action relating to the case.”
According to Optical Express’ website, its surgeons have provided over 1 million laser procedures worldwide with over 99 per cent of patients achieving or exceeding 20/20 vision from surgery provided at 150 locations worldwide using £350 million worth of state-of-the-art technology.