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.
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.Ask a similar question
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.
[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.Ask a similar question
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.Ask a similar question
Sign up to receive a 3-part series of useful information and advice about personal injury law.