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How do I know if I have a legitimate malpractice case?

Richardson, TX |

Had RK surgery in Houston in 1996 ? on both of my eyes. My eyesight has been deteriorating. Went to opthomologist and was told the surgeon cut too deep and went through the lens on my cornea. Was told that surgeons should only cut down to 90%, not straight through . Have to wear $500 plus special made contacts to try to stabilize eyesight. The cut that went thru my eye is not healing correctly. May need lens replacement as a start. Have doctor's name. Don't have medical files.

Attorney Answers 6


  1. In general,the adult statute of limitations for medical malpractice cases in Texas is two years. Unfortunately, I do not think this is a case you will be able to pursue.

    Medical malpractice cases are complex and I believe that clients are best served by contacting an experienced medical malpractice attorney. After all, results matter! You are welcome to contact me at 281-580-8800 or www.painterfirm.com. This Avvo comment does not create an attorney-client relationship and is for informational purposes only.


  2. Given the amount of time that has gone by, it is unlikely that you can bring a claim. There are statute of limitations that apply to malpractice claims.


  3. It sounds like you dont completely understand what the ophthalmologist said. The cornea is the front part of yoru eye. Your lens is behind your iris (the colored part of your eye). The RK surgery is an older method of vision correction. There are known complications including spherical abberations that may result from surgery -- even when an ideal surgery is performed. If you believe that you have been a victim of medical malpractice, have a med mal attorney review your medical chart. You may be beyond the statute of limitations as these types of claims need to be filed relatively quickly. Best of luck. Sorry to hear about the bad result.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  4. The statute of limitations was 2 years.

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  5. To answer your question directly, the only way to know if you have a legitimate malpractice case is to hire a lawyer. He or she will review the relevant medical and other records and secure a review by an ophthalmologist on negligence and causation issues. After that, your lawyer will determine whether or not you have a viable case and so advise you.

    Please consult a lawyer right away. Texas has a strict two-year statute of limitations on health care liability claims and the clock usually starts running when the negligent act or omission occurs. There are a few exceptions to the strict rule, but every day that passes between now and when you file suit decreases your chances of being able to prosecute your case successfully. Frankly, it sounds like you are already out of luck, but you should still consult a lawyer immediately. Many Houston plaintiffs' personal injury lawyers give free consultations.

    Follow the link below to a website that will help you select a good, qualified lawyer.

    Good luck.

    www.tbls.org


  6. I just wanted to echo and add to Mr. Karotkin's comment. There is an exception to two year statute of limitation known as the "discovery rule". When did your current opthomologist "discover" the error by the surgeon and relate it to you. If that date is more than two years ago also, then you are probably out of luck, but if you only recently "discovered" the error, you might fit within the exception. Mr. Karotkin's advise is sound, you should seek out a consultation with a medical malpractice lawyer in your area as soon as possible.

    Good Luck.

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