If you were injured or experienced complications during laser eye surgery, you may be wondering if there is anything you can do. How do you know whether you have a case and what happens during a laser eye surgery lawsuit? Laser eye surgery malpractice lawyers can help you to determine what, if any compensation you may be entitled to.
Accepted Risk vs. Medical Malpractice
If you’re thinking about hiring a laser eye surgery lawsuit lawyer, it’s important to first determine whether your case qualifies as LASIK malpractice. Like any surgical procedure, LASIK carries certain risks, including vision impairment, blindness, inflammation, infection, and other complications. Although these risks are generally minimal, it is still possible that your ophthalmologist or medical team were negligent, causing the injuries or complications you experienced.
When a doctor performs LASIK surgery improperly or fails to meet the accepted medical standard of care, they may be held legally liable under medical malpractice laws. It is also essential that the surgeon thoroughly discuss all potential risks during your consultation and prior to surgery to ensure you provide informed consent.
The Standard of Care
All ophthalmologists and surgeons must follow the medical standard of care when performing LASIK procedures. This standard represents the level of caution and skill that a reasonably competent physician would exercise under similar circumstances. However, the standard of care is not uniform and can vary based on the location where your surgery was performed. Understanding the local medical standards is crucial to establishing whether malpractice occurred.
Many LASIK malpractice claims arise from surgeons failing to identify contraindications or pre-existing conditions that increase the risk of complications or permanent injury. For instance, if a patient has a thin or conical cornea, LASIK surgery is generally not recommended. Should a surgeon perform the procedure despite these contraindications, and the patient subsequently suffers vision damage or other injuries, this may constitute malpractice.
To successfully pursue a LASIK malpractice lawsuit, you must demonstrate that an injury or complication occurred as a direct result of the surgeon’s negligence. These claims often involve complex medical and legal issues, requiring expert testimony to prove that the care provided deviated from the accepted standard and caused harm.
Hiring Laser Eye Surgery Malpractice Lawyers
If you’ve experienced complications after laser eye surgery and are unsure whether or not your ophthalmologist is liable, contacting an experienced lawyer is the best way to know for certain whether you have a case.
Legal consultations are usually free, so there is nothing to lose by meeting with a lawyer. Ideally, you should choose a local lawyer with experience in these types of cases.
Now that you know more about how laser eye surgery lawsuits work, find out more by downloading our personal injury recovery kit or contact us for a free consultation.
Updated content: Originally published Oct. 4, 2017
