Do I have a case?

I was referred to a retina specialist for uveitis. On my initial evaluation the doctor gave me two treatment options.Option 1. Vitrectomy surgery with saline solution and antibioticsOption 2. Oral Methotrexate chemo . I asked the doctor for advice as to whitch treatment I should go with. The doctor said option 1 the vitrectomy surgery with saline solution and antibiotics. After the vitrectomy surgery on my left eye my follow up visit the next day was with the referring doctor and I learned that the surgeon had injected Methotrexate chemo into my eye without my consent. I belive the Methotrexate injection made my condition to get worse. Do I have a case?

Asked on July 19, 2012 under Malpractice Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the treatment the doctor in fact gave you 1) has caused the condition to get worse and 2) was not a recommend treatment for a case such as yours, then yes, you probably do have a case for malpractice--though the amount of compensation to which you may be entitled will depend on the extent of your injury.

However, if the treatment was an acceptable one, then the doctor likely did not commit malpractice, or "bad practice"--he provided a treatment a reaonable doctor would have--and so you likely cannot sue him. You could, however, file an ethical complaint with the licensing board because he acted without your consent and against your wishes.

Also, if you can't prove this treatment caused additional injury, then you would not be able to make out a successful case.

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