Mistakes in LASIK Eye Surgery that result in Injury Claims
By David Zevan
Aug. 15, 2014 2:28p
Numerous eye problems can be successfully treated through LASIK eye surgery. However, legal claims can be filed by a patient if something goes wrong. There are some important factors to establish the rights of a patient in a lawsuit or injury claim.
What Is LASIK Eye Surgery?
LASIK eye surgery is a process designed to treat eye problems. It is used in treating the three major refraction errors, astigmatism, hyeropia, and myopia.
A laser is utilized by an ophthalmologist to cut a portion of the cornea and change its shape to enhance its focusing capacity. Many people undergo LASIK surgery to avoid using of contact lenses or eyeglasses.
Complications Arising From LASIK Eye Surgery
Although the majority of LASIK surgery treatments are successful, there are some potential dangers involved in the procedure:
- Vision issues may develop, including double vision, glare, or halos, which can cause night vision issues.
- Glasses or contact lenses may still be required by patients if the surgery is over-treated or under-treated
- Severe dry eye syndrome may develop when the tears produced by the eye cannot maintain the moistness of the eye, resulting to uneasiness and vision problems
The screening process and preparation are essential for LASIK surgery to succeed. An improper process can result to permanent damage. Some causes of complications are as following:
- Unsuitable screening process
- Unsuitable surgical procedure, like improper cutting of the cornea
- Defective LASIK equipment
- Inadequate post-surgery treatment
There are considerable effects from an improper LASIK eye surgery. The cornea may be damaged due to improperly-used or defective equipment. It can also be damaged if the treatment is not suitable for the patient, including people with dry eyes, large pupils or thin corneas.
Can LASIK Mistakes Become Grounds For A Lawsuit?
A medical malpractice lawsuit may be filed against doctors or medical providers due to certain errors in a LASIK surgery.
Doctors performing LASIK surgery should follow certain standards when taking care of patients. However, issues arising from LASIK procedures do not automatically make the doctor the defendant in a lawsuit.
It is essential to determine the reasonable medical care standard required for certain situations. This means the doctor should have provided the same care provided by a comparatively-capable and skilled ophthalmologist in certain situations.
Evidence should be provided to show the standard that was not followed by the doctor. It should show the appropriate procedures that should have been followed.
The evidence showing the faults of the doctor may require a sworn statement from an expert medical professional who is experienced in LASIK surgeries.
The actions of the doctor should also show that it did not meet the standard required and resulted to the injury of the patient in order for a medical malpractice lawsuit to succeed. These cases are often expensive and not easy to prove without the help of a qualified medical malpractice attorney.
Product Liability Lawsuit
LASIK equipment manufacturers can also be held liable if the patient is injured following the use of faulty equipment in the surgery. Negligence is not necessary since manufacturers are directly responsible if someone is injured after their equipment was used.
Filing an Injury Claim
If you have been injured due to the negligene of your health care provider or the manufacturers of a defective product. contact the Zevan and Davidson Law Firm right away! Call (314) 588-7200 to speak with an attorney.