In order to file a lawsuit for malpractice in connection with Lasik surgery, the elements of negligence must be present. The first two elements of negligence are a duty of care and breach of the duty. Doctors and surgeons owe a duty to provide patients with the level of care that is appropriate to their condition.
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Can I file a lawsuit for LASIK surgery injuries?
But when things go wrong, the patient may be able to file a lawsuit for their injury. LASIK surgery is widely used to correct several types of vision problems, and it is normally very successful. When things go wrong though, the patient may have a legal claim against the surgeon, or more rarely, against the manufacturer of the LASIK equipment.
Is LASIK right for You?
If you're tired of wearing eyeglasses or contact lenses, you may wonder whether LASIK surgery is right for you. LASIK is a type of refractive eye surgery. In general, most people who have laser-assisted in-situ keratomileusis (LASIK) eye surgery achieve 20/25 vision or better, which works well for most activities.
What is LASIK eye surgery?
What is LASIK? LASIK eye surgery is a corrective procedure that is used to treat vision problems -- specifically, the three main types of refractive errors: myopia, hyperopia and astigmatism. During LASIK surgery, using a laser, the ophthalmologist cuts a flap in the cornea and reshapes it in order to improve its focusing power.
What are the risks of LASIK?
Patient may develop severe dry eye syndrome, a condition in which the eye is not able to produce enough tears to keep the eye most. This can cause discomfort and may reduce vision clarity. The key to successful LASIK surgery depends on the screening procedures and preparation. Permanent damage can happen if the procedure is not executed correctly.
Can you claim laser eye surgery on insurance?
Lasik surgeries are included in the health insurance plans but it is limited to certain health insurance providers. Several policy terms are also included with the basic coverage which the policyholder must go through to avail the benefits of the Lasik eye surgery cover under your health insurance plan.
What happens if LASIK eye surgery goes wrong?
Aside from removing too much or too little corneal tissue, surgeons can remove eye tissue unevenly. This mistake can happen if they fail to center the laser properly on the eye. The result can be astigmatism or the general blurring of vision at any distance.
Can you sue if LASIK goes wrong?
According to FindLaw.com, LASIK patients can sue for damages under medical malpractice law or product liability law. If you are considering filing a lawsuit, consult with your attorney to see which is right for you.
What would make you not eligible for laser eye surgery?
You have a thin or irregular cornea If you have a predisposition to corneal shape irregularity, this can be made worse by laser eye surgery, and a condition called corneal ectasia may develop. This occurs infrequently and can often be treated successfully without the need for a corneal transplant.
How often does LASIK go wrong?
The LASIK complication rate is only about 0.3%. The most commonly reported LASIK complications are infection or dry eye that persists for more than six months. Other complications include: Undercorrections occur when the laser removes too little tissue.
Can laser treatment go wrong?
When laser hair removal goes wrong, that usually means the most severe side effects were experienced. This can be blistering, severe burns, scarring, scabbing, and bruising, some of which might even be permanent.
Can your vision get worse after LASIK?
Once you've recovered from Laser Eye Surgery, the changes made to your cornea by the laser are permanent and completely stable. The eye quickly adapts to your new vision. However, it is possible that your eyesight will worsen after Laser Eye Surgery due to an unavoidable part of the body's ageing process.
Can LASIK surgery damage your eyes?
July 27, 2018 -- Dry eyes, glare, halos, and starbursts are all possible side effects of LASIK surgery. But some people may also get long-term complications like eye infections, vision loss, chronic pain, and detached retinas.
Can astigmatism come back after LASIK?
It is possible for astigmatism, nearsightedness, and farsightedness to return after LASIK. Other medical problems such as glaucoma can affect one's vision. Unfortunately, LASIK cannot prevent or treat glaucoma. It is important to note that even after LASIK, you may still need to use reading glasses at times.
How do you qualify for laser eye surgery?
If your reading glasses prescription is +1, +1.5, or +2, you may be suitable for Monovision laser eye surgery. However, if you're not found suitable due to a high prescription, being long-sighted or having thin corneas, you are more likely to be eligible for lens surgery.
Can you get LASIK twice?
Is it possible to have LASIK surgery twice? The short answer is yes, though this is usually only done 5 – 10 years after the initial treatment. However, rest assured that LASIK offers long-term vision correction, and very few people require a second session.
Is LASIK worth it over 40?
Of course, LASIK eligibility depends on quite a few factors, several of which are unique from person to person. But the answer is generally yes – LASIK is worth it after 40. LASIK is safe and effective for patients older than 40 and produces the long-term value that this refractive surgery is known for.
What are the long term complications of lasik surgery?
Long term complications of lasik surgery can include: - Dry eyes, sometimes to the point of needing to use artificial tears. Temporary dry eye is normal after the surgery, but it can become permanent for some patients. - Ocular neuropathic pain, that is to say burning, itching or discomfort caused by damage to the cornea.
Can lasik surgery go wrong?
However, like any other procedure, Lasik surgery can go wrong, sometimes badly wrong.
Is lasik surgery elective?
As lasik surgery is elective, there are a lot of clinics which try to push their services, sometimes to people who are not good candidates (this includes people who have dry eyes, very large pupils, thin corneas or who participate in contact sports).
What is lasik eye surgery?
LASIK eye surgery is a corrective procedure that is used to treat vision problems -- specifically, the three main types of refractive errors: myopia, hyperopia and astigmatism. During LASIK surgery, using a laser, the ophthalmologist cuts a flap in the cornea and reshapes it in order to improve its focusing power.
What happens if something goes wrong with lasik?
If something goes wrong during a LASIK procedure, most legal claims for compensation will be brought as a medical or professional malpractice lawsuit against the surgeon, ophthalmologist or other health care provider.
Why does corneal surgery damage the eye?
Improper use or malfunction of the equipment can result in damage to the cornea. Patients can also suffer cornea damage simply because they were not good candidates for the procedure. In particular, people with large pupils, thin corneas or dry eyes are more prone to experiencing complications from the surgery.
What causes corneal damage?
Complications can result from a variety of causes, including: Improper pre-operative screening. Improper surgical technique (for example, during surgery, the physician may cut the cornea too shallow or too deep) Faulty medical equipment.
Is lasik surgery safe?
LASIK eye surgery is a common corrective procedure, and is generally safe . But when things go wrong, the patient may be able to file a lawsuit for their injury. Free Case Evaluation | AllLaw.com.
Can a patient be sued for a defective lasik?
In some cases, a legal claim may also exist against the manufacturer of LASIK equipment or other instruments used in treatment, if those products end up being defective or unrea sonably dangerous, and the patient is harmed as a result. In these types of cases, the patient doesn't have to prove negligence – like he or she would need in a medical malpractice lawsuit – because manufacturers are held " strictly liable ". This means they are directly responsible if their equipment causes someone injury.
Can a malpractice lawsuit be documented?
Finally, any malpractice lawsuit will hinge on whether the health care professional's provision of substandard care actually led to the patient's harm, and that harm must itself be documented. These types of cases are difficult to prove, and expensive to prepare.
When did the FDA start looking into lasik surgery?
In April 2007, the FDA held a meeting of its Ophthalmic Devices Panel to look into LASIK surgery after the agency received 140 complaints about the procedures. According to media reports, the doctors who sat on the FDA advisory panel were all eyeglass-wearers. One of them blamed LASIK surgeons for hyping patients’ expectations, while at the same time downplaying risks.
Do doctors have concerns about the Alcon laser?
They say their concerns have been “ignored” and that they are “not comfortable with the laser.
Can lasik surgery be corrected?
What’s worse, in the vast majority of these cases, LASIK surgery complications cannot be corrected with either eyeglasses or further surgery. In extreme cases, some LASIK patients have become so depressed over the deterioration of their vision that they attempt, and sometimes, commit suicide. Our LASIK injury lawyers believe many such injuries are avoidable, and we intend to hold accountable the LASIK doctors who fail their patients.
Is lasik surgery a malpractice?
Approved a decade ago, LASIK is one of the most popular elective surgeries in the US, and an estimated six million Americans have undergone LASIK surgery. Unfortunately, LASIK surgery is no guarantee of perfect vision – in fact, the procedure often goes horribly wrong and leaves patients with serious and debilitating vision problems. If you or a loved one suffer vision problems as a result of LASIK surgery, we urge you to contact our LASIK injury lawyers immediately to discuss your case.
What is lasik surgery?
LASIK is a type of refractive eye surgery. In general, most people who have laser-assisted in-situ keratomileusis (LASIK) eye surgery achieve 20/25 vision or better, which works well for most activities. But most people still eventually need glasses for driving at night or reading as they get older.
Why do you need reading glasses after lasik surgery?
LASIK surgery removes this near focus because the nearsightedness has been corrected. This means that as you get older you will need to use reading glasses. Many people are happy to trade clear distance vision when they are younger for having to wear "cheaters" for reading when they are older.
What is the term for blurry vision?
With nearsightedness (myopia), farsightedness (hyperopia) or astigmatism, they end up being focused elsewhere, resulting in blurred vision. Nearsightedness (myopia) is a condition in which you see nearby objects clearly, but distant objects are blurry.
How long does it take for a tear to heal after lasik surgery?
Dry eyes. LASIK surgery causes a temporary decrease in tear production. For the first six months or so after your surgery, your eyes may feel unusually dry as they heal.
What is the best laser eye surgery?
LASIK is the best known and most commonly performed. Many articles, including this one, will use the term "LASIK" to refer to all types of laser eye surgery. Normally, images are focused on the retina in the back of your eye.
How old do you have to be to get lasik?
Therefore, people must be over age 18, and preferably older, before considering LASIK eye surgery.
How long does it take for a corneal abrasion to heal?
With PRK, rather than forming a flap, the top surface (epithelium) is scraped away. This corneal abrasion takes three or four days to heal, resulting in moderate pain and blurred vision in the short term.
Lasik Surgery Gone Wrong
Lasik surgery is a procedure in which an ophthalmologist uses a laser to cut into and reshape the cornea to improve vision. It’s used to treat vision issues such as myopia, astigmatism, and hyperopia. Most patients have excellent results with this corrective procedure.
Suing the Eye Surgeon after Lasik Surgery
To have a viable lawsuit against the ophthalmologist, you’ll need to be able to prove several elements. First, you’ll need to establish what the reasonable standard of care is for this particular treatment, and then show that the surgeon somehow deviated from that standard. This is accomplished using testimonies from medical experts.
Free Consult with a Lasik Lawyer in Georgia
If you sustained complications because of your eye doctor’s mistakes with your Lasik procedure, we invite you to call a medical malpractice attorney at The Law Office of Jason R. Schultz in Georgia. You will get a medical malpractice lawyer who fights for full and fair recovery for your damages. Call today at 404-474-0804 for a free consultation.
What are the complications of lasik surgery?
For example, if proper aftercare procedures are not followed, infections can occur that may then lead to serious complications, including possible blindness. After LASIK, it is important to follow all instructions given by the surgeon to minimize the risk and improve healing time.Be sure to use the eye drops, try not to strain your eyes or rub them, and stick to the timeline given for returning to activities, such as swimming, contact sports, work, going out in the sun, and even watching TV or using your computer or smartphone.
How does lasik surgery work?
LASIK surgery creates a flap in the cornea. Then, tissue underneath can be permanently altered and reshaped by the laser. The initial flap used to be done with a surgical blade (and in some cases, it still is), but newer technology uses a femtosecond laser that can create thinner flaps and therefore is less invasive, has less room for error, and allows for a shorter healing time.
What is lasik used for?
LASIK is used to treat nearsightedness (myopia) most often, and it is also effective to help correct farsightedness (hyperopia) and to reshape corneas that are more oval than round (astigmatism).
How old do you have to be to get lasik?
They can go over the potential side effects and the rate of possible complications as well as the odds for success with you. You must be at least 18 years old. Your corneas need to be thick enough to work with.
Is lasik surgery considered elective surgery?
LASIK surgery is considered to be a fairly low-risk and highly successful elective surgery. ( Learn More) However while complications can occur, blindness does not. The American Refractive Surgery Council reports that there are no actual cases of blindness resulting directly from LASIK surgery, and the success rate is as high as 96 percent.
Does lasik help with nearsightedness?
Mayo Clinic reports that LASIK typically has the least amount of risk and highest reward when used to correct mild nearsightedness. When correcting more significant farsightedness, severe nearsightedness, or astigmatism, the chances of complications can go up, and success rates can be lower.
Can lasik cause vision loss?
The U.S. Food and Drug Administration (FDA) reports that LASIK can cause vision loss in some people that cannot be corrected with additional surgery, glasses, or contact lenses. Despite the small presence of this risk, the success rate for LASIK is very high, and significant complications are rare. The American Journal of Cataract ...
