A PENSIONER who struggled for years to win a ruling over a damaging eye operation is furious after being told by Worcestershire health bosses he cannot claim compensation - because he has run out of time.

Ivor Savage, of Kidderminster, was snubbed by Worcestershire Acute Hospitals NHS Trust because he did not make his claim within three years - even though he spent more than three years trying to win his case.

The 72-year-old - who could not shut his right eye after his tear duct was damaged during the procedure - had twice failed to win an independent review through the trust and eventually went to The Health Service Ombudsman who, this year, upheld his complaint.

The health trust has apologised to the Baldwin Road resident but told him he should now seek legal advice to recover private medical costs and travel expenses to London for treatment, totalling about £1,000.

Mr Savage said: "I haven't the sort of money to support a solicitor's fee. I have an apology but, unfortunately, apologies don't make my condition any better because I have still got the problem."

Mr Savage said he was in constant pain and was unable to cry after the 1998 procedure, carried out to remove a tumour at the top of his nose, by his right eye.

He complained to the trust in 2000 and then to the Health Ombudsman in 2002.

Ombudsman investigations manager, Sue Heaven, concluded "it is difficult to conceive of a scenario whereby surgery of the type undertaken in Mr Savage's case could fail to result in damage" to the tear duct.

She said Mr Savage should have been referred to a specialist at the time of surgery, the surgeon underestimated the extent of the damage and a pre-operative assessment was inadequate.

A statement from Worcestershire Acute Hospitals NHS Trust said Mr Savage's complaint had "been thoroughly investigated" by the NHS.

It said: "The three-year primary limitation period for compensation as a result of any alleged negligence commences from the date of the operation or in some instances from the date that the individual first indicates that they believe their treatment has been unsatisfactory."