Spamedica

3. Mr O complains about the cataract operation he had on 20 November 2022. He says it left him with blurred vision and the need to wear glasses, something he did not need before surgery.

4. Mr O explains his sight will never return to normal. He says: • he needs to use eye drops for a dry eye • he cannot watch TV, read, or use his computer • he cannot do the same activities he used to with his grandchildren • he finds everyday tasks like personal care, cleaning and gardening difficult • he cannot drive • he has difficulty measuring carbohydrate intake (he is type 1 diabetic) • he has been anxious and depressed and fears what will happen in the future.

5. Mr O wants SpaMedica to be punished for what happened with formal training and checks to be made on the information it gives to patients.

6. Mr O wants a financial payment of £15,000 to £20,000 for the difficulties he has experienced.

7. He also wants between £20,000 and £40,000 for the long-term effect on his sight, which is something he considers to be theft.

9. The law says we cannot investigate a complaint where a person has the option to take legal action, unless we consider this is unreasonable in the circumstances.

10. We have discussed this with Mr O to understand his circumstances and the outcomes he wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

11. Mr O explains he was assessed by SpaMedica on 15 November 2022. He says his left eye was in desperate need of cataract surgery with minimal cataract formation on the right eye.

12. Due to a cancellation, Mr O was offered surgery on the left eye on 20 November 2022. He asked to also have surgery on his right eye, expecting this to be more beneficial in the short term. The surgeon agreed to operate on the right eye and after surgery discharged Mr O with eye drops.

13. Mr O says after a referral to another organisation he was told a long vision correction lens had been used in the surgery on his right eye. He was advised this was creating the problems because he needed short vision correction on this eye.

14. Mr O worries he will not be able to have the eye corrected, leaving him permanently in a worse position than before the surgery. He says this will mean he needs to wear glasses for the rest of his life and his everyday activities will be restricted.

15. To start legal action by a clinical negligence claim, a person must have experienced a failing in clinical care causing physical or psychological injury.

16. Mr O says SpaMedica knew the procedure would lead to problems and he feels he does not have any other choice but to ‘sue for damages.’

17. The operation was on 20 November 2022, so Mr O is within the three-year timescale to take legal action.

18. The main outcome Mr O is looking for is financial payment. He is looking for a large payment which is most suitable to be considered by a court.

19. The amount of compensation awarded by a court can often be higher than the amount we may recommend. We do not consider the potential of future losses in the same way a court does, we focus on what has happened. This is an important factor when deciding whether to take a complaint forward as this can mean our service may not be able to achieve the outcome wanted.

20. We asked Mr O whether there are any barriers to him taking legal action. The only barrier he mentioned was cost. We explained there are options like ‘no win, no fee’ solicitors that can help with this.

21. We think it is reasonable for Mr O to pursue his claim through a court first. If he is unable to find a solicitor who will act on his behalf (by giving us examples of at least three solicitors who declined the complaint) he is able to return to our service.

22. Mr O has asked that SpaMedica be punished for what he experienced, with formal training and checks to be made on the information it gives to patients. This is not something a court would be able to achieve directly. But it is likely to be a by-product of the action as steps will be taken to avoid future problems. If this does not happen Mr O is able to bring this part of the complaint back to us.

23. We ask that Mr O remembers our time limit as the law requires a complaint to be made to us within a year of being aware of the problem. If there are strong reasons for any delay, we may put the time limit to one side. Reasons to do this will include our decision to close the complaint now, as long as quick action is taken to progress legal action.

24. We hope our statement clearly explains the reason for our deciding to close the complaint. This decision is not meant to take away from Mr O’s experience and his ongoing issues.

1. We have carefully considered Mr O’s complaint about SpaMedica. We are sorry to hear about his poor experience and how he continues to be affected.

2. Mr O could take legal action on the matter he has brought to us. For this reason, we are not investigating the complaint further.