How Do I Prove Malpractice in Lasik Eye Surgery?
Many individuals each year decide to have LASIK surgery to improve their eyesight. While LASIK surgery has been around for several decades and most medical professionals consider the surgery to be a fairly safe procedure, things can still go wrong. If a patient is injured because of the negligence or error of an ophthalmologist, optometrist, or technician, the patient may have a malpractice claim against one or more parties. Our New Jersey LASIK malpractice lawyers can help you better understand what you need to prove malpractice for a negative outcome from LASIK surgery.
Potential Injuries and Complications After LASIK Surgery
Some of the possible injuries and complications that a patient may experience after LASIK surgery include:
- Double vision
- Reduced vision or blindness
- Blurry vision
- Chronic pain
- Severe dry eyes
- Halos, glare, and starbursts
- Sensitivity to light
- Overcorrections or under-corrections
- Macular holes
- Not being able to see depth or contrast
You may also experience other complications or injuries after a LASIK procedure. Sadly, some patients experience severe injuries and complications that drastically change their lives forever. Malpractice and negligence can result in substantial financial, emotional, and mental damages. Proving a doctor or other party was negligent is the first step in recovering compensation for your damages.
How Do I Prove Malpractice for a LASIK Surgery Procedure?
- Establishing a Reasonable Standard of Care
The first step in proving malpractice is establishing the reasonable standard of professional care for your procedure. In most cases, other medical professionals provide testimony to explain what the standard of care should have been in circumstances like or similar to your case.
- Proving a Breach of Care
Second, experts are retained to review the case to determine if the care you received fell short of the care a reasonably competent and skilled ophthalmologist would have provided under the same or similar circumstances. The actual error or negligence must be identified and compared to the standard of care.
Malpractice may involve one or more errors or negligent acts. For instance, a doctor may be in a rush to perform LASIK surgery before you change your mind to earn more profits for his practice. Therefore, the doctor fails to screen for certain conditions that make you a poor candidate for surgery. The doctor may proceed with the surgery, even though he was aware of the condition. In either case, the doctor’s actions may rise to malpractice.
Another form of malpractice is failing to monitor the patient post-petition adequately for complications and infections. Failing to provide adequate follow-up care may result in severe injuries or blindness. Mistakes and errors during the surgery, such as failing to take the proper measures or entering incorrect measures into the equipment could result in traumatic injuries.
Failing to obtain informed consent before surgery, using machinery that is not properly maintained, lacking the experience to operate medical equipment, and using improper surgical techniques are also potential forms of malpractice.
- Proving the Breach of Care Resulted in Your Injury and Damages
Once you prove the first and second elements above, you must also prove that the breach of care resulted in your injury and caused you to suffer damages. Medical records and expert witnesses are called upon to link the specific actions or inactions of the doctor to your injury.
Contact a New Jersey Lasik Malpractice Attorney for More Information
Medical malpractice cases are complex. Having an experienced New Jersey LASIK malpractice attorney on your side can help you receive justice for injuries caused by medical malpractice. Schedule a consultation with our New Jersey Lasik surgery malpractice lawyers today to discuss how we can help you as you continue to learn to adjust to the changes in your vision and the consequences of those changes.
Posted in: Medical Malpractice