Can I sue for negelice after glaucoma implant surgery?

On 01/30/11, I had Ahmed Glaucoma valve implant surgery on my right eye. On 11/28/2011 I had Ahmed Glaucoma valve implant surgery on my left eye. A short time later, about 9 months, my glaucoma pecialist told me it was urgent that I have a second implant in the left eye. On 09/07/2012 he did a Baerveldt glaucoma implant surgery. He tied the tube off with a suture called a ripcord to keep the eye pressure from dropping too low. The ripcord is normally removed by the surgeon approximately 4-6 weeks after surgery in the office to make the implant functional. The doctor forgot to remove the ripcord leaving the implant unfunctional while my eye pressure is still uncontrollable on maximum glaucoma eye drops 7 drops per day. Now 6 years later, the doctor wants to do surgery to remove the ripcord but the implant is heavily covered with scar tissue and the doctor cannot find the tube with the ripcord. The doctor said removing the ripcord may or may not lower the eye pressure because the implant is 6 years old and covered with scar tissue. The doctor neglected his duties by failing to remove the ripcord. The glaucoma implant surgery is incomplete and the implant unfunctional 6 yrs after the surgery. Is this medical malpractice?

Asked on December 3, 2018 under Malpractice Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Medical malpractice is negligence. Negligence is the failure to exercise due care ( that degree of care that a medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Although TX has a two year statute of limitations for filing a medical malpractice lawsuit, this can be extended to ten years from the negligent act under the statute of repose.
Filing a medical malpractice lawsuit in TX requires an expert's medical report which an attorney will need to obtain. It is advisable to speak with a medical malpractice attorney.
It may be possible to settle the case with the doctor's malpractice insurance carrier without filing a lawsuit. The claim should include the medical bills, medical reports, and documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports document your medical treatment and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence against the doctor.

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