Q: Three months ago my son was prescribed new spectacles by an ophthalmologist at a local eye clinic. Based on the prescription, we ordered two pairs of spectacles, one pair for daily use and the other for sports use. When these spectacles were ready, my son immediately complained that the vision was not clear and distorted. We revisited the ophthalmic surgeon and he changed the prescription. During this visit the ophthalmologist informed us that the main cause of the problem was the high astigmatism my son suffers from.

Due to this misdiagnosis, we have to change the two sets of lenses which will amount to around €500.

We do not want to pay this extra money since the ophthalmologist was responsible for prescribing spectacles for his patient without any problems.

Can we legally seek redress from the surgeon?

A: Yes, since you went to a specialist and paid him to check your son’s eyes and to provide you with a prescription for spectacles, it was the surgeon’s responsibility to provide you with a correct diagnosis and hence with the right prescription. You may therefore request a refund of the money you paid for the wrong lenses.

Should you not manage to reach an amicable solution with the ophthalmic surgeon, you may then file a complaint with the Office for Consumer Affairs.

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