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Do I have a legal malpractice case?

Rochester, NY |

About a month ago I had Cataract surgery. I was told the surgery went well and was successful, but now my far sighted vision is worst and before the surgery, although my near vision has improved noticeably. On Tuesday of this week, I had my one month visit with the doctor who performed the surgery. She did admit that the calculations were off and that is the reason why my distance vision diminished. Meanwhile, I have a prescription for glasses which I have never had to wear for vision. My quality of life has been impacted since I had the surgery. Lasik surgery was also recommended to as a way to correct my problem, but it would have to be at my expense. Right now, lasik surgery is now in my plans with this particular doctor. My question is do I have a legal case? If so, what is the next step?


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Attorney answers 9


You might want to get a second medical opinion before doing anything . You have 2 1/2 year to bring a lawsuit if there is one. When you have gone through whatever procedures you are going to, and have a better idea of what type of permanent issues, if any, you will have then consult with an experienced medical malpractice attorney to see if there is a viable claim


The next step is to see a malpractice attorney in your area. Your medical records will be obtained and an investigation had to determine if you have a viable claim

This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during a consultation. Your rights and obligations may vary depending upon facts not disclosed in your question. Therefore, you should contact an attorney immediately so that your interests are properly protected.


Avvo has a great Find a Lawyer service on the site. You can review the bios and get free consultation with a medical malpractice attorney. With a discussion and further details he/she may advise you of the viability or upside potential if any of a case. Best of luck.

Brian A. Raphan is founder and lead attorney at The Law Offices of Brian A. Raphan, P.C., Elder Law Firm in New York City. None of the opinions he states on this site constitute an attorney-client relationship. For more information, visit


Next step is to have a local malpractice lawyer investigate. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low fee. Good luck.


Your question is whether you have a medical malpractice case, not legal malpractice. Heavens to bd you would want to sue a lawyer. Actually we lawyer do sue other lawyers. I would probably not take your case because the expenses to pursue the claim against the doctor could exceed the potential recovery. The first step would be to obtain an expert to review the records and opine that your doctor deviated from the standard of care and that deviation caused an injury. You may have those two things but the potential recovery does not justify that expense.


Get a second medical opinion. Depending on what the doctor says you should consult with a medial malpractice attorney and see what options you may have. The statute of limitation is 2.5 years unless the process was performed at a municipal hospital.

Based upon my understanding although a person decides to undergo lasik surgery, the vision may be corrected to 20/20 but depending on the patient's health and lifestyle, it is possible for vision to worsen after the corrective procedure. That being said, as I am not a medical doctor, again get a second opinion.

This response will not create an attorney-client relationship.


A correctable visual acuity loss, coupled with a duty to mitigate damages and the accepted risks of the subject surgery leaf me to the extemporaneous belief that a suit sounding in malpractice might not be financially viable in the circumstances you have briefly described.

Andrew T. Velonis

Andrew T. Velonis


Man, you talk really fancy!


You might. But the first thing I would do is get a second opinion from a different doctor. You can also talk to a medical malpractice lawyer, in fact, often med mal lawyers know who the best doctors are and he or she might be able to recommend a good one to you.

I am licensed in Pennsylvania. Members of my firm are licensed in various states, including Pennsylvania, New Jersey and New York. We handle cases involving personal injury (car accidents slip and falls, etc.,) medical malpractice, nursing home abuse, workers' compensation and social security disability. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance.


First of all, "legal malpractice" refers to a claim against a lawyer who represented you. You are asking about "medical malpractice" That being said, you would have to prove, with an expert witness, that (1) The doctor failed to conform to accepted practice and (2) The malpractice caused your worsened condition. From the information set forth, I do not see either one. It's possible that her "calculations were off" because that's the best that medical science can do. It's possible that the farsightedness has nothing to do with the surgery. As we age, we get these problems and they can come about naturally, regardless of what treatment we have to correct or forstall it. All that notwithstanding, feel free to obtain a complete copy of your medical records, take them to an experienced med-mal lawyer in area, and see if that lawyer might be willung to go further with it.

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