What to do if I ordered a pair of glasses for my 8 year old daughter through a reputable eyeglass website but found out today that the glasses were done incorrectly?

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What to do if I ordered a pair of glasses for my 8 year old daughter through a reputable eyeglass website but found out today that the glasses were done incorrectly?

Her optometrist mentioned it might have led to increase in strength in her new prescription. I called the company to get new ones and they were very unwilling to do that. Eventually they told me my daughter would have to be without glasses while they test those. Some family members have suggested taking the company to small claims because their error caused my daughter’s already poor eyesight to worsen. I know if I were to proceed I would need something written from her optometrist. Do you think that is a good option?

Asked on December 22, 2015 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you want to sue, bear in mind that you'll need something more than "something written from her optometrist." You'll need an expert report from an actual physician (opthamalogist) and, should the matter go to trial, will need the physician to testify, which can be expensive--physician expert witnesses typically do not work cheap. A good first step is to have an opthamalogist examine your daughter and the glasses; if he/she agrees that the glasses liked worsened your daughter's eyesight, then go to a personal injury or malpractice attorney with that information and discuss whether you have a viable case. (Remember: an optometrist is not a doctor; while they are highly trained in some ways, they can't make medical diagnoses.)


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