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You can’t turn back time but you can get what you are entitled to.

ROP and medical negligence (Part 1- Liability for negligence)

Many parents whose babies are born prematurely only realize that their child’s sight hasn’t developed as it should after a few months or even years.  This is also often due to the fact that the name of the eye condition of Retinopathy of Prematurity implies that the condition is due to prematurity. A layperson, once they are told of the condition, could therefore easily believe that blindness is simply due to their child being born prematurely.  Especially if they are not given accurate information by the healthcare providers who have assisted them.

Medical negligence relating to ROP may in fact include examples such as the following:

On the part of the Paediatrician / Hospital after birth and care in neonatal wards:

  • Failure to constantly monitor and maintaining correct oxygen levels in your baby’s blood;
  • Failure to refer your baby to an ophthalmologist (eye doctor) for eye examinations (to check for healthy development);

On the part of the Ophthalmologist (eye doctor):

  • Failure to inform parents of the need for regular follow up eye examinations
  • Failure to perform constant and appropriately timed follow up eye examinations;
  • Failure to properly diagnose ROP in its early stages; and
  • Failure to timeously and properly treat ROP so as to avoid irreparable harm.

If your baby was born prematurely and has become blind due to ROP, we will assess your case at no cost in order to determine whether medical negligence played a part in the blindness and if you have a case.

When proving negligence, you and your child’s history of treatment is important.  This is obtained through the hospital and other medical records. Although hospitals and doctors are expected to keep records for a very long time, this doesn’t always happen. It is always best to get hold of the records as soon as possible. Your records and the possible case are referred to as our panel of the leading specialists in order to assess the prospects of a successful claim.

I have a claim, what should I do?

If your child was born prematurely and is blind due to ROP, we will assess your case at no initial cost in order to determine whether medical negligence played a part in the blindness. If you or your child’s claim has prospects of success, we can assist on a no win-no fee basis.