If I believe that the eye doctor lasered my retina and cause me to partially lose my vision, can I seek compensation?

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If I believe that the eye doctor lasered my retina and cause me to partially lose my vision, can I seek compensation?

Asked on June 29, 2015 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the doctor was negligent, or careless, in lasering your retina and damaging your vision, then yes, you may be able to get compensation. The key is that the doctor must basically have done something wrong; it can't be that the doctor did what any reasonable doctor would have, but you just had, unfortunately, a bad outcome, since the law accepts that sometimes the doctor does everything right but the outcome is bad. (Medicine is still an "art" rather than a "science"--sometimes patients do not do well no matter what is tried, or how skillful the doctor.) Rather, doctors are only liable if at fault.

If that were the case here, then for a permanent partial vision loss, you may be entitled to consider compensation for that life impairment ("pain and suffering"), as well as compensation for any additional medical costs and lost wages or reduced earning potential. Based on what you write, it would be worthwhile to consult in detail with a medical malpractice attorney about your case; many such attorneys provide a free initial consultation, and you can ask the attorney's office about this before making an appointment.


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