Can I sue a Lasik eye doctor after 10 years?

Asked over 2 years ago - Saint Louis, MO

I have recently been diagnosed as having corneal ectasia and have to have a corneal transplant. I was told I have this condition due to the Lasik doctor shaving my cornea too thin...do I have the right to sue or to make them pay for this surgery? Thanks,

Attorney answers (4)

  1. Todd Nathan Hendrickson

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Assuming that your case is in Missouri (as you indicate you are from St. Louis), the short answer is no. You are well outside both the 2 year statute of limitation and the statute of repose in Missouri.

    This answer is provided as a public service for informational purposes only. Providing this information does not... more
  2. Joseph Hyunsung Lee

    Contributor Level 8

    1

    Lawyer agrees

    Answered . This depends on which state the alleged malpractice took place in. I see that you live in MO so I am assuming that the Lasik surgery also took place there as well. Generally speaking, MO allows a plaintiff to sue within 2 years of the doctor's alleged malpractice or 2 years after the discovery, but the general rule is after 10 years, you cannot bring a claim. There are certain exceptions such as minors under 8 who must bring suit before they turn 20. If you believe that you fit one of the exceptions, you should consult an attorney.

    Please note that I do not warrant that this is legal advice. This is not a solicitation for, nor is that an... more
  3. Mary Katherine Brown

    Pro

    Contributor Level 20

    Answered . Unfortunately, 10 years after your Lasik procedure it would be be extremely difficult to prove your corneal ectasia resulted from treatment that was below the standard of care at the time the procedure was performed. That is due, in part, because the standard has changed quite a bit over the past 10-15 years. Moreover, there is disagreement among the "experts" regarding what patients are or are not good candidates for Lasik, and the amount of pre-procedure corneal thickness that is deemed necessary to protect a patient from ectasia varies. In addition, depending upon where your surgery was performed, there is probably a statute of limitations that would prevent you from starting a lawsuit so many years after the surgery. It won't hurt to run this by a local attorney, but I suspect it is too late. Sorry.

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more
  4. Raymond Scott Costantino

    Pro

    Contributor Level 16

    Answered . Every state has a statute of limitations that applies to medical malpractice cases. You should set up a consultation with an attorney in your state who specializes in medical malpractice. Most will give you a free consultation. The attorney can advise you on the statute of limitations applicable to your case. You can find an attorney on avvo.com.

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