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Can I sue my Doc for negligence ?

Niagara Falls, NY |

I had an eyelid procedure last May,and it resulted inn proptosis. Which means my eye is swollen and won't open up. He tried twice unsuccessfully to repair. I went to seek another docs opinion,and he said the fact my thyroid levels were unstable,he would risk it. The thyroid hormones being off affects the recovery. The new surgeon says it would be 6 months after my hormone levels are stable before he would touch it. According to him the doctor who did my surgery should've made sure I was stable. So would this not be negligent on his part? I'm going to have to endure a cpl more procedures,and not to mention only have one eye. Please tell me what options I've got.

Attorney Answers 8


  1. Folks often post questions on this forum setting out a set of facts related to a medical procedure or surgery, asking if they can pursue a malpractice case. Unfortunately, a site such as this is really very limited when it comes to any attorney being able to give you a substantive response. Please understand that medical malpractice cases are expensive to pursue, difficult to prove and highly technical in nature, since you need experts to establish what the standard of care is and that it was breached in some fashion. You need to have a medical malpractice attorney get the files and have them reviewed by a physician to determine if professional negligence occurred and if you have any recourse. Use the Find a Lawyer tab on Avvo to find one in your area. Best of luck to you...

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  2. A local malpractice lawyer can order your medical records to investigate. Avvo has a great "find a lawyer" tool to locate a top-rated attorney (10) with a low contingency fee. Good luck.


  3. Get your records and see a medical malpractice lawyer.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  4. Consult with an experienced NY medical malpractice attorney ASAP.

    In seeking an attorney on this site, beware of limiting your search to attorneys with a 10 rating, and carefully read the AVVO disclaimer regarding their rating system. There are certain factors that are given great weight which do not necessarily have any bearing on an attorney's experience, abilities, and results with certain types of cases. Accordingly, the rating numbers can be misleading. Also beware of basing your choice on the fee charged, as a low fee, depending on the skill, experience and determination of the specific attorney handling your case, could actually have an inverse relationship to the amount actually put in your pocket.


  5. Your best option is to speak directly to an experienced medical malpractice attorney. The attorney can obtain your records and have them reviewed by an expert to see if your doctor deviated from the accepted standards of practice in his medical field. Failing to check your thyroid levels may be one way the doctor's treatment fell below accepted standards of practice in his field. But even if an expert felt that failing to do so was not a deviation from accepted standards of practice, there may be other errors the doctor committed. An attorney will be able to fully explain all of your options. Good luck.


  6. It sounds like you have something to go on, but it is only a start. See an experienced medical mallpractice lawyer in your area. If he/she believes the case has merit, that lawyer will hire an expert witness to substantiate the claim. These cases are difficult, time consuming and expensive. Your current eye doctor will not want to be involved and may deny he said anything about what the previous surgeon should have done.


  7. You likely sustained an injury to a nerve or muscle that controls the opening of your eyelid during the procedure. It is a virtual certainty that your injury was an unavoidable complication of the procedure and listed as a risk of the procedure on the informed consent document that you signed before the procedure. When an unavoidable complication occurs during a procedure, there is no deviation from the standard of care and thus, you do not have a case.

    The thyroid gland in your throat helps regulate metabolism and an abnormal blood result would not have any effect on your recovery. Furthermore, unless you had a preexisting thyroid condition, the surgeon would have no reason to check your thyroid blood levels before the procedure.

    For these reasons, I highly doubt you have a case or that a competent malpractice lawyer would accept your potential case.


  8. Your question is difficult to understand, are you describing three separate unsuccessful surgeries? Only a physician within the same medical specialty as your target can answer the medical malpractice issues. The question "would this not be negligent on his part?" must be answered by another physician, not a lawyer.

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