Do I have case if I had cataract surgery and the surgeon implanted the wrong IOL?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 7 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.