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My eye is permanently damaged due to lack of post-op care after surgery. Do I have a strong enough case to go to court?

Seattle, WA |

I had eye surgery in October of last year, and have had a fixed, dilated pupil ever since. This is due to increased post-operative pressure that got too high in that eye. When I called the evening after surgery complaining of a tremendous headache, I was told that it was normal and to take Tylenol, and come in early the next day if it was still bothering me. By the next morning, my headache had escalated to a migraine. There was no surgeon there to see me for a post-op visit. The optometrist wasn't able to reduce the pressure with drops. I was driven to Tacoma where the nearest surgeon in this company was, who tried the same series of drops, and when they were again unaffective, he performed a small surgery to release the fluid. I have since been diagnosed with Urrets-Zavalia Syndrome.

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Attorney answers 3


As I am licensed in Florida and Vermont, I cannot offer you specific legal advice as to Washington state law. I suggest that you may wish to review some of the Legal Guides I have published on, one of which deals with medical malpractice and what it is.

I suggest that you contact a personal injury attorney in your area who deals in medical malpractice cases. That attorney will generally provide you with a free consultation. I am sure that he or she will need to review your entire medical record pertaining to your eye treatment.Generally an expert will need to be found who could testify that your treating physicians deviated from the accepted standard of care, causing your loss.


I agree with the previous answer, and encourage you to find an experienced personal injury attorney in your area who can assist you with this claim. The following link, though written primarily for survivors of a traumatic brain injury and/or a spinal cord injuries, will take you to an article that contains a great deal of advice that you may find useful in selecting the right attorney.


Whether you have a "strong enough case to go to court" primarily depends on whether you can find an expert to support your case. In medical malpractice cases, experts are crucial to the case. Generally, expert testimony must establish: (1) that the doctor was at fault, i.e. that the care provided fell below the "standard of care" applicable to similar doctors and (2) that the doctor's treatment of you caused your injuries. The interplay between medical and legal issues is often very complicated and I agree with the above posts, which encourage you to find a Washington-based medical malpractice attorney as soon as possible. Most attorneys will offer you a free consultation. The attorney will likely want to review all of your surgical and post-op medical records. If any of your doctors told you that Urrets-Zavalia Syndrome was caused by the surgery, you should also bring this to the attorney's attention. Good luck pursuing your case.

Disclaimer: This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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