How do I prove medical negligence on the part of an optometrist who failed to send me to a retinal specialist snd resultrd in a detached retina left eye

DOI 7/19/2017 dxed w old
eyes and deteriorating
gel.Presented w flashing
lights,blurred vision and
severe floaters.Requested
referral several times to
an opthamologist.Had 2
surgeries in last7 mos. to
repair a detached retina
left eye.Currently cant
pass a DMV eye test,lost
wages because of inability
to see close up at work and
have to schedule a cataract
surgery this summer.

Asked on May 26, 2018 under Malpractice Law, California


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 reasonable optometrist in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the optometrist, it may be possible to settle the case with his/her malpractice insurance carrier.
Notify the optometrist's malpractice insurance carrier of your claim in writing.  When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss.  Your claim filed with the optometrist's malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your medical condition and 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 settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the optometrist.
If the case is NOT settled, your lawsuit against the optometrist 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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