What are my options for a botched cataract eye surgery with Toric Lense implants.

Asked almost 4 years ago - Richmond, VA

I had cataract eye surgery in June, 2009. At the same time the doctor implanted Toric Lense. Within 1 month the left Toric Lense had to be taken out and replaced with a new lense.
Now, I have to wear eye glasses or contact lense. Surgery is not an option according to a physician at the Va Eye Institute.

After all the surgery, pain and expense, I now have to wear eye glasses or contacts. What are my options in filing a legal Medical Malpractice Claim against the physician who performed this surgery?

Additional information

I was told when the Toric Lense was implanted that it would last a lifetime. I would never have need for eyeglasses or contact lense. I paid a lot of EXTRA money to get the best lense.
I find it very difficult to see w/o glasses and find it difficult to see with glasses. faye

Attorney answers (3)

  1. Lars A. Lundeen

    Pro

    Contributor Level 20

    Answered . I am sorry to learn of your difficulties. I would respectfully suggest that you review the Legal Guide I have published on Avvo.com which deals with medical malpractice and what it is. If you believe you are the victim of malpractice, you should immediately contact a personal injury attorney in the area where this incident occurred and schedule a free consultation to review your options.

    Legal Disclaimer:

    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 insure proper advice is received.

  2. Andrew Daniel Myers

    Contributor Level 20

    Answered . The answer to your question depends on specifically went wrong in the eye surgery and the follow-up. No experienced medical malpractice attorney can give you a yes or no "is this malpractice" answer based on an online summary posting, even on a great legal site like AVVO.

    The short summary answer is that the medical malpractice law comes right out and states that medical malpractice requires more than simply an unfortunate medical result. Professional medical liability is based on proof that the care that was given fell below the average standard of care, and that damages resulted as a result of that substandard care.

    A determination is more a medical decision than a legal determination and malpractice attorneys work with medical experts to screen the facts and records in any given case prior to determining if any case merits going forward.

    If you believe that there may be a case, please make an appointment with an experienced medical malpractice attorney in your jurisdiction for a confidential and no cost initial consultation.

    I truly wish you the best.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

    -0-

    [MED MAL DO WE HAVE A CLAIM II ]

    Priority one is to see to make sure you have the right medical care now, going forward. Once that takes place, then there may be some liability where the medical care fell below the average standard of care and caused harm. Find an experienced medical malpractice attorney in your area either through the AVVO search or through the American Association for Justice.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

  3. David J. McCormick

    Contributor Level 20

    Answered . Bad outcomes do not automatically mean the surgeon committed malpractice. Further, since medicine is not an exact science all doctors cannot guaranty that every type of surgery will be successful. You should get a second opinion from a doctor regarding your circumstances to see if your surgeon did anything wrong. If the second opinion comes back negative, then you probably do not have a medical malpractice case.

    Has your surgeon stated that there was a problem with the lens? If so, then you may have a potential products liability lawsuit instead of a medical malpractice case.

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