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Is my doctor liable for not explaining that he was replacing my near distance to improve my far distance?

Knoxville, TN |

I had cataracts and was told I should have the toric lens implants to correct my distance vision and my astigmatism in my left eye. After having the surgery, I learned that my near vision has been destroyed and I now have to have reading glasses for all near and intermediate tasks. I am devastated and would have never given up my near vision. I was not given any literature,and I asked questions that should have given him the opportunity to tell me he was taking away my near vision!

Attorney Answers 4


Generally a physican would need to discuss the risks, benefits and alternatives as part of the informed consent process prior to surgery. It is possible that one of the many documents you signed prior to surgery had this information. If not, it is possible that you could pursue a medical malpractice claim against your ophthalmologist. Best of luck.

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Yes you should have been given all the information so that you could make an informed decision on going forward with the surgery. This may be set forth in the informed consent form you probably signed before surgery, so get a copy of your medical records and have them reviewed by a medical malpractice attorney ASAP.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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I'm sorry to hear about this. The medical records would need to be ordered by a local lawyer and sent to an expert to review to ascertain whether there was a breach of the standard of care.

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First, sorry about what happened to you. Look at your medical records to see if you signed an 'informed consent' form that has the risks and consequences of having the implant. Your doctor could be responsible, but you must have another doctor to testify that a reasonable doctor would have explained to you before surgery that you would lose your near vision by having the implants. The Tennessee medical malpractice laws are complex and designed to make it difficult to sue a doctor. Contact a medcal malpractice attorney immediately.

This response is given solely as a general response to the question and does not create an attorney / client relationship between the questioner and responder.

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I have my records and I did sign a consent form stating the risks of cataract surgery! It doesn't appear there is anything about the lens implant. My doctor has agreed to reverse the lens at no cost to me. He knows that he did not inform me about losing my near vision. I hate to go through surgery again...but hate that I have lost my near vision. I went from very good vision to feeling handicapped!

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