Lack of Informed Consent in Eye Surgery Litigation
Question: I signed a waiver. Did I sign away my rights?
Answer: Even if you signed a waiver, you can still sue.
An "informed consent" waiver is not worth the paper it's written on if:
- There is a clear indication you should not have had the surgery
- You were not properly screened or verbally informed of the risks
- The physician botched your operation (medical error)
On the other hand, doctors wouldn't make you sign these forms if they didn't offer some protection against lawsuits. So the long answer is that the strength of any waiver you signed depends in part on the skill of your attorney to "break" it.
Hill & Associates, P.C. is a Philadelphia-based law firm that will handle eye surgery malpractice cases across Pennsylvania and New Jersey. Our trial lawyers have over 20 years of combined experience in personal injury litigation.
(Lack of) Informed Consent
The standard consent form states that you understand all the risks and wish to proceed anyway, and that you release the doctor and the clinic from any liability if something goes wrong. After all, the most skilled doctor in the world cannot guarantee a perfect outcome.
We handle all ophthalmologic malpractice cases involving surgery (Lasik vision correction, cornea transplant, cataract surgery). Our experience has been that most victims did not fully understand the risks - a lack of informed consent mainly because no doctor ever sat down with them to discuss "the good, the bad and the ugly" of eye surgery:
- Your suitability for surgery (against known risk factors)
- What the operation involves
- Realistic expectations of the outcome (20/20 vision? 20/60 vision?)
- Possible and probable complications
- What to expect after surgery and what symptoms to report immediately
Were You Really Informed? What Did You Consent To?
Perhaps the doctor says: "Lasik has a small risk of blindness, a fraction of 1 percent." True, but that risk rises tenfold or a hundredfold if you are a bad candidate for Lasik (cornea too thin, for example). The doctor's "Lasik 101" responsibility is to verify the thickness of your cornea and your suitability for surgery. Unless you have an ophthalmology degree and a machine to measure your own cornea in microns (thousandths of a millimeter) there is no way you can make an "informed consent" decision about that risk — or most of the risks you are asked to sign your name to.
Call Hill & Associates, P.C. at 866-720-4699 or contact us online to discuss your case. We will examine your informed consent waiver, your medical records, your suitability for eye surgery and the nature of your adverse outcome to determine if you have a valid case.
