My eyesight got worse after cataract, LASIK or other eye surgery in Malaysia. Can I claim?

Cataract surgery and laser vision correction are among the most common procedures performed in Malaysia. Most patients do well. When vision is worse after surgery, or an eye is lost to infection, patients want to know whether this was bad luck or something that should not have happened.

Complication or negligence?

Eye surgery carries recognised risks even when performed carefully, for example:

• infection inside the eye (endophthalmitis);
• raised eye pressure, swelling or inflammation;
• retinal detachment;
• for refractive surgery, dry eye, glare, under- or over-correction, or corneal problems.

A known complication is not, by itself, negligence. The questions are whether the risk was properly managed and explained. See complication vs negligence.

When might there be a claim?

From a clinical point of view, the common issues are:

1. Suitability screening: for LASIK and similar procedures, were corneal thickness, shape and other risk factors properly assessed? Should the procedure have been offered at all?
2. Informed consent: were material risks and alternatives explained? In Foo Fio Na v Dr Soo Fook Mun [2007] 1 MLJ 593, the Federal Court held that the duty to advise of risks is not determined by the Bolam test alone. See informed consent.
3. The surgery itself: lens choice and calculations, technique, and recognising problems during the operation.
4. Anaesthesia: eye blocks carry their own risks. In Dr Hari Krishnan v Megat Noor Ishak [2018] 3 MLJ 281, a Federal Court case arising from eye surgery, the court dealt with issues including hospital liability and aggravated damages. See our case note.
5. After-care: were warning symptoms such as increasing pain, redness or loss of vision acted on quickly? Delay in treating infection can make a large difference.

Have a question about your own situation? Ask on WhatsApp

What should I do first?

1. Get urgent care for sudden pain, redness or vision loss. Do not wait for the next routine appointment.
2. Request your records: pre-operative tests (biometry, corneal maps), consent form, operation notes, lens details, and follow-up notes.
3. Keep your appointment cards, messages and receipts.
4. Write a timeline of symptoms after surgery and when you reported them.
5. Get an independent opinion from an eye specialist not involved in your care. See independent doctor reports.

Who may be liable?

• The surgeon for surgical decisions and technique.
• The anaesthetist, where an anaesthetic was involved.
• The eye centre or hospital, for employees, systems (for example sterilisation and infection control), and in some cases under a non-delegable duty.

Common mistakes

• Delaying return to the clinic when symptoms worsen.
• Assuming a signed consent form ends the matter.
• Relying only on the treating surgeon's explanation.
• Posting reviews naming the surgeon before the facts are clear.

When to speak to a lawyer

If you lost significant vision or an eye after surgery, or you were not told about a risk that happened. You can contact us; every case depends on its facts.

Frequently asked questions

I signed a form listing infection as a risk. Can I still claim?

Possibly, if the infection was caused or worsened by substandard care, such as delayed treatment. Disclosure of a risk does not excuse negligent management.

Is LASIK held to a higher standard because it is elective?

The standard is still reasonable care, but for elective procedures the information about risks and alternatives is especially important.

Can I claim for the cost of further surgery?

Reasonable treatment costs caused by negligence are usually claimable.

The surgeon offered a free corrective procedure. Should I accept?

That is a medical decision. Get independent advice first, and be careful about signing any release.

Does it matter which hospital I go to for the second opinion?

Choose a specialist not connected to the original surgeon for objectivity.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Dr Hari Krishnan & Anor v Megat Noor Ishak bin Megat Ibrahim & Anor [2018] 3 MLJ 281 (Federal Court) (reported judgment)
2. Foo Fio Na v Dr Soo Fook Mun & Anor [2007] 1 MLJ 593 (Federal Court) (reported judgment)
3. Zulhasnimar bt Hasan Basri & Anor v Dr Kuppu Velumani P & Ors [2017] 5 MLJ 438 (Federal Court) (reported judgment)
4. Private Healthcare Facilities and Services Act 1998 (Act 586), Ministry of Health copy
5. Malaysian Medical Council, Code of Professional Conduct 2019

Fact-checked on 17 Oct 2026