Had cataract removed but caused a detached retina. Had retina reattached from a different opthamologist,but won't know until august if retina will stay attached. My question is will this be actionable if the eye remains damaged
If the detached retina occurred as a result of medical negligence/ a departure from accepted standards of care, then this may well be actionable. consult local malpractice counsel.
Malpractice is care and treatment that falls below the standard of care and causes injury. The standard of care is basically the level at which the average, prudent provider in a given community would practice. It is how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. Injury typically must be severe or permanent in order for the claim to be economically feasible to pursue even if there is malpractice. These cases are very expensive and risky to pursue. Unless it appears there would be a meaningful economic recovery to the patient the cases are cost prohibitive to pursue. In order to find out if you were the victim of negligence, you need to retain a lawyer willing to investigate the claim. The lawyer will gather your dental records and have them reviewed by a dental expert who will be asked to offer an opinion as to whether 1. the care and treatment you received fell below the applicable standard of care and 2. caused an injury. There is no claim to pursue unless and until such an opinion is secured.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
There is a substantially higher risk of retinal detachment after cataract surgery. The counter argument that will arise in the event of a lawsuit is that retinal detachment is a known, forseeable risk of cataract surgery and the informed consent that you signed likely warned you of that possible danger. Gather your medical records and consult local counsel for further clarity.
The author of this answer is an Attorney-at-Law, licensed to practice law only in the state of Arizona. Unless both you and the author have signed a formal retainer agreement, you are not the author's client, and the author's discussion of issues does not constitute legal advice. Opinions expressed herein are solely those of the author, and are neither privileged nor confidential.
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