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.
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.
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.
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