Do I have case if I had cataract surgery and the surgeon implanted the wrong IOL?

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Do I have case if I had cataract surgery and the surgeon implanted the wrong IOL?

After several visits he finally admits the mistake. Then does second surgery to exchange IOL’s. During surgery the IOL adheres to the irus. After 25 minutes of intense pain he finally

removed IOL but took a large piece of my iris with it. Now my vision is blurry and in bright

light it looks like a snow blizzard. My eye burns and waters like crazy because pupil is 5

times larger then my other eye.

Asked on August 16, 2016 under Malpractice Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, if a doctor implanted the wrong IOL, then does damage to your eye in replacing/exchanging it, then the doctor has almost certainly committed malpractice, since to do those things is to be negligent (unreasonably careless). That being the case, you could potentially recover compensation for your visual impairment, for any impact that has on your ability to work or earn money, and for the cost of any further or follow-up procedures which you need to correct, or at least moderate or mitigate, the damage. Based on what you write, you may well have a case; it would worthwhile for you to consult with a malpractice attorney to discuss its strength, what it may be worth, and what it would cost you to pursue it. Many malpractice attorneys provide a free initial consultation to evalute a case; you can inquire about this before making an appointment.


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