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My grandmother under went laser eye surgery in one eye and is now blind in that eye can she sue?

Bronx, NY |

she was not informed about the risks of the procedure.
she was handed the written consent form and was simply told, "sign this".
she was later referred to another doctor.

Attorney Answers 7


  1. Consult with a medical malpractice lawyer. The records need to be reviewed by a doctor to see of there was malpractice. Other part of case is whether there was informed consent and lastly the damages or injury.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. Have a local malpractice lawyer order her medical records to investigate.


  3. There are many more factors that must be considered before making this determination, including why she needed the procedure in the first place. It is necessary that you consult with a medical malpractice attorney as soon as possible. The statute of limitations in NY is 2 1/2 for these cases.


  4. Laser eye surgery is usually performed because the patient has diabetes or the retina is detaching, or both. Success is not guaranteed. The only alternative is to do nothing and hope not to go blind. Chances are it's a tough case.

    Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.


  5. You should consult with a local medical malpractice attorney to look into the matter. Consultations are generally free.


  6. Before you are permitted to sue a doctor for violating the standard of care, we must evaluate the medical records and have an expert confirm that there was a violation standard of care, that the violation was a substantial factor in causing or contributing to her injury, and that the injury is significant and/or permanent.

    In New York, we must have a medical expert confirm each of those things.

    Her age will be important as well as why laser eye surgery was recommended. It's critical to know what her medical history was regarding her eyes and what other condition she may have had that may have contributed to her blindness.

    As one attorney correctly pointed out, there are some instances where this type of complication can occur even in the best of circumstances. The key is understanding what happened and why. The only way to do that is by doing a full-blown investigation and having an expert who is qualified in this area of medicine give a full evaluation.


  7. Your grandmother should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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