Can I sue my doctor for negligence , after he made a mistake during cataract surgery, and ignored the symptoms I am still having.

During cataract surgery, he tore the capsule where the lens would be placed.
Afterwards, he explained that the cataract material was harder than he
anticipated. My peripheral vision is blurry, I have floaters, and shadows. I
saw another specialist, who said I was possibly looking through the edge of the
lens in places. My doctor, has tried to ignore my complaints, and even though
I have seen him almost every week for 2 months, , he has suggested nothing to
correct this. I had time off from work for a month, and had enough savings to
cover it. Now, I will need another month off, and additional medical expenses
to correct this, if it is even correctable. When this happens, it is supposed
to be addressed right away. I feel he was negligent, in not sending me to a
specialist right away, and correcting it while i had the time off from work. I
did not seek out a specialist myself, because he told me he has had this
situation before and it clears up after a few weeks. I had no reason, then, to
question him.

Asked on April 29, 2017 under Malpractice Law, Virginia

Answers:

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

Answered 3 years ago | Contributor

Prior to filing a lawsuit for negligence, it may be possible to settle the case with the doctor's malpractice insurance carrier.
When you complete your medical treatment and are released by your doctor or are declared by the doctor to be permanent and stationary,  which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical  bills, medical reports and documentation of wage loss.  Your claim filed with the doctor's malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your  condition and treatment, and will be 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.
If the case is NOT settled, your lawsuit against the doctor for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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