Grounds for Legal Action
Negligence Resulting in Eye Surgery Injury
If you have suffered injury or complications from Lasik vision correction or other operations on your eyes, the experienced trial lawyers of Hill & Associates, P.C. can examine the facts of your case to determine if you have grounds for a lawsuit. Our legal team has secured millions of dollars in compensation for victims of personal injury and we will press your case for ophthalmologic malpractice.
CAUSES OF EYE SURGERY INJURY
To collect damages, you must demonstrate that you suffered harm (which can include physical injury, financial loss and emotional suffering) as a direct result of your eye surgery, and there must be proof of negligence. We are familiar with all the things that can go wrong before, during and after Lasik/refractive surgery, as well as the grounds for legal action in corneal transplant surgery or cataract surgery.
Surgery Errors
The ophthalmologist performing the procedure is responsible for making incisions to the proper depth, care in folding back and replacing the flap, removing the proper amount of tissue to correct vision, and keeping foreign bodies out of the way. The manufacturer of surgical equipment may also be accountable for aberrations in a procedure where every micron (one-thousandth of a millimeter) is critical. Examples of surgical negligence:
- Loss of the corneal flap or damage to the flap during a Lasik procedure
- Ablation error (laser removal of tissue) resulting in overcorrection, undercorrection or astigmatism
- Damage to corneal tissues or nerves resulting in infection, dry eye, scarring, visual side effects or loss of visual acuity (focus)
- Malfunction of the microkeratome (diamond cutting device), the laser or the laser guidance system
Pre-Surgery Negligence
Overscheduling of procedures common in the Lasik industry does not allow adequate examination, consultation and surgical prep. Many ocular malpractice claims arise from this haste:
- Failure to obtain informed consent — It is the doctor's duty to explain "the good, the bad and the ugly" so that the patient makes an informed decision in light of the risks. Many patients do not have a consultation with the operating physician until the day of the surgery, if at all.
- Unsuitable candidates — The ophthalmologist is responsible for identifying reasons why a particular patient should not have Lasik surgery. There is a long list of disqualifying factors.
- Deceptive advertising — The clinic or individual doctor is responsible for any misleading claims or omissions in ads relating to expected outcomes or safety of eye surgery that influenced the patient's "informed consent."
- Corneal measurement — Surgery errors often stem from incorrectly measuring the thickness of the cornea before surgery, or miscalculating the ablation (tissue removal). To save time, some doctors leave the task of measuring the cornea to technicians.
Post-Surgery Negligence
Lack of follow-up care often turns treatable complications into serious or permanent injury:
- Failure to instruct patients on do's and don'ts after the procedure
- Failure to instruct patients on symptoms requiring immediate intervention
- No follow-up visits to check progress
- Failure to identify and appropriately treat complications
- Errors in retreatment
Eye surgery injury can include loss of vision or loss of best corrected vision and other complications such as blurred vision, double vision, glare or dry eye syndrome.
If you believe that medical malpractice caused your injury, contact Hill & Associates, P.C. to discuss your possible lawsuit in a free initial consultation. Based in Philadelphia, we take cases across Pennsylvania, as well as New Jersey.
