Lasik Eye Surgery Lawsuit: Malpractice, Injuries, and Errors

Lasik (laser-assisted in situ keratomileusis) eye surgery is a corrective procedure done by ophthalmologists to treat a variety of eye disorders that may include myopia, hyperopia (farsightedness) and astigmatism. During Lasik surgery, doctors cut a flap in the cornea and reshape it with a laser for improved vision. Nearly one million people undergo this surgery each year as an alternative to wearing glasses or contact lenses.

Risks With Laser Eye Surgery

While most patients are satisfied with the results of Lasik surgery, there are risks involved. Some of the risks include:

Patients lose lines of vision
Patients can develop debilitating visual symptoms such as glare, halos and/or double vision that can affect nighttime vision
You may be under-treated or over-treated and may still need glasses or contacts after surgery
Some patients may develop severe dry eye syndrome, which is when the eye is not able to produce enough tears to keep the eye most. This can cause discomfort and reduce visual quality

The consequences of bad Lasik eye surgery can be devastating. Improper use or malfunction of the equipment can result in the loss of eyesight. Patients can suffer cornea damage because they were not good candidates for the procedure. People with large pupils, thin corneas or dry eyes are likely to experience complications from the surgery.

Errors and Malpractice Issues with Lasik Eye Surgery

The key to successful Lasik surgery depends on the screening procedures and preparation. Permanent damage can happen if the procedure is not executed correctly. Complications can result from a variety of causes. During surgery, the physician may cut the cornea too shallow or too deep. Some injuries may result due to the failure of the physician to follow the “standard of care” in which a reasonable physician would have done in the same or similar circumstances. Lasik injuries often occur due to the following:

Improper pre-operative screening
Improper surgical technique
Faulty medical equipment
Inappropriate follow-up treatment
Negligence of the healthcare provider

Filing a Claim or Lawsuit

While the use of instruments for surgical procedures may have risks, the manufacturer has a responsibility to make their products as safe as possible. If they fail to do so, the can be held liable and the plaintiff may file a product liability or malpractice lawsuit. Compensatory damages are one of several categories of damages that may be awarded in a lawsuit. The aim of these damages is to make a person “whole again” or to restore him or her to the conditions he or she was in before the injury occurred.

Compensatory damages may include the following:

Medical expenses—The plaintiff must show that bills and expenses for medical treatment are related to injuries sustained or medical conditions developed as a directly result of the negligent behavior.
Future medical expenses—This type of recovery is allowed if the plaintiff can prove that continued medical care is needed as a result of the injury. A medical expert will need to provide their opinion in order for the jury to estimate the costs involved.
Medical surveillance—This is for compensation to cover the costs for monitoring the medical condition of the plaintiff after they were exposed to a hazardous substance. The goal is to detect any potential illness or injury early.
Permanent disability—Damages may include disabilities subjectively perceived by the plaintiff.
Disfigurement—When an injury leaves scars such as a deformity or disfigurement, the plaintiff may seek damages for the mental suffering that they must endure as a result of the injury.
Lost wages—Compensation for the amount of money the plaintiff would have earned from the date of the injury to when the judgment was reached. An unemployed plaintiff may recover lost wages if he or she can show what they might have earned during the same time period.
Loss of earning capacity—The plaintiff must show that his or her ability to earn money in the future has been curtailed by the injuries.
Loss of enjoyment of life—General damages for a diminished ability to enjoy the everyday pleasures of life.
Loss of consortium—Either or both the injured spouse may make a claim for deprivation of the benefits of married life caused by the injury.
Mental anguish—Any emotional distress, trauma, or mental suffering the plaintiff experiences as a result of the injury.
Pain and suffering—A jury may consider the length and severity of the pain the plaintiff is likely to continue suffering.

How a Lawyer Can Help

If you have suffered complications following Lasik eye surgery, you may be entitled to pursue a cause of action against the physicians and/or the Lasik provider. You should contact a personal injury attorney so they can review your case and give you advice on how to proceed.

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