The doctors messed up I think

I recently had major brain surgery. The doctors told me about all the risk
involved with my surgery. They never mentioned anything about my vision and now I
can not see properly and have to wear special glasses with prism’s in the lens
just to not see double vision. Can I do anything?

Asked on May 19, 2016 under Malpractice Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You may have a malpractice case, based on failure to warn of risks/obtain informed consent, IF--
1) The eye problem was a reasonably foreseeable (i.e. not an exceedingly uncommon, unusual, unlikely, etc.) risk of the surgery--doctors do not have to warn about very remote risks--and the doctor did not warn you; and
2) This not emergency or life-saving surgery, but was elective, so that had you known of this risk, you might have declined the surgery--since if the procedure was required no matter what, then a failure to warn about a non-life-threatening risk, which can be mitigated or ameliorated (i.e. by the special glasses) would not be malpractice.
If you  believe, based on the above, that you may have a malpractice case, you should consult with a medical malpractice attorney to discuss in detail.

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