Have You Suffered from LASIK Surgery Malpractice? Here’s How to Claim Compensation

October 9, 2024

LASIK surgery is a common procedure aimed at correcting vision issues like nearsightedness, farsightedness, or astigmatism. While most patients undergo successful outcomes, there are cases where things go wrong, leading to severe complications or permanent vision damage. If you’ve experienced negative results due to negligence during your LASIK procedure, you may have grounds for a medical malpractice claim.

This blog will guide you through what constitutes LASIK surgery malpractice and how to seek compensation with the help of an experienced medical malpractice lawyer.

What is LASIK Surgery Malpractice?

LASIK surgery malpractice occurs when a medical professional fails to meet the standard of care required during the procedure, resulting in harm to the patient. Like any surgery, LASIK carries inherent risks, but some complications arise not from those risks but from medical negligence.

A successful medical malpractice claim requires proving that the healthcare provider failed in their duty to provide competent care and that their negligence directly caused your injury. If this standard can be proven, you may be eligible for compensation for your injuries.

Examples of LASIK Surgery Malpractice:

Failure to Screen Patients Properly: LASIK is not suitable for everyone. Surgeons must perform thorough preoperative screenings to ensure a patient is a good candidate. Ignoring contraindications like thin corneas, eye diseases, or dry eyes may result in severe post-surgical complications.

Inadequate Pre- or Post-Operative Instructions: Failure to provide clear instructions before and after surgery can increase the risk of complications. Patients need to be fully informed of potential risks, as well as how to care for their eyes after surgery to ensure proper healing.

Errors During Surgery: Mistakes during the procedure itself, such as improper laser calibration, incorrect flap creation, or inadequate correction, can cause severe vision problems, including permanent vision loss or the need for additional surgeries.

Improper Use of Equipment: LASIK requires highly specialized equipment, and any malfunction or misuse of that equipment can lead to devastating results for the patient.

Legal Considerations for a LASIK Surgery Malpractice Claim

Medical malpractice cases, including those related to LASIK surgery, are governed by specific laws. To succeed in your claim, it’s important to understand how medical malpractice law works and what you need to prove.

Key Elements of a LASIK Malpractice Case:

The following elements must be met in order to move forward with a medical malpractice claim in New Jersey:

Duty of Care: The surgeon must uphold a standard of care during the procedure. This means they are expected to provide treatment that aligns with what a similarly qualified professional would do under the same circumstances.

Breach of Duty: You must prove that the healthcare professional deviated from the expected standard of care. For example, failing to properly assess whether you were a good candidate for LASIK surgery could constitute a breach.

Causation: It must be shown that the breach of duty caused harm. For instance, if you suffered permanent vision loss due to an improperly calibrated laser, this could serve as evidence of negligence.

Damages: Finally, you must demonstrate that the harm you suffered has resulted in quantifiable damages, such as medical bills, loss of income, and emotional distress.

Statute of Limitations for LASIK Surgery Malpractice Claims

In New Jersey, the statute of limitations for filing a medical malpractice claim is two years from the date of the injury. This timeframe is critical; if you don’t file your claim within this period, you may lose your right to pursue compensation. However, there are some exceptions to this rule, such as cases where the injury was discovered later. It’s essential to consult a medical malpractice lawyer as soon as possible to ensure you meet the required deadlines.

Compensation for LASIK Surgery Malpractice

Victims of LASIK surgery malpractice may be entitled to compensation for a range of damages. These could include:

Healthcare Costs: This covers both past and future medical expenses related to your injury, including corrective surgeries, medications, and therapy to manage your vision problems.

Lost Income: If your injury has caused you to miss work or diminished your ability to earn a living, you could be compensated for lost wages and future earning potential.

Pain and Suffering: This includes compensation for the physical pain and emotional distress caused by your injury. Vision loss or impairment can significantly affect your quality of life, and you have the right to seek compensation for this impact.

Loss of Enjoyment of Life: If your injury has diminished your ability to participate in activities or hobbies you once enjoyed, you may also be compensated for this loss.

How an Experienced Medical Malpractice Lawyer Can Help

Navigating the complexities of a LASIK surgery malpractice claim can be overwhelming, especially when you’re dealing with vision problems. Working with a qualified medical malpractice lawyer can make the process much easier and increase your chances of receiving the compensation you deserve.

Benefits of Hiring a Medical Malpractice Lawyer:

Detailed Investigation: A skilled lawyer will thoroughly investigate your case, gathering medical records, consulting with medical experts, and building a strong argument to prove that negligence occurred.

Negotiation Skills: Insurance companies often attempt to settle cases for less than they are worth. A lawyer can negotiate on your behalf to ensure you receive a fair settlement to cover your damages.

Litigation Experience: If your case goes to trial, having an experienced lawyer on your side is crucial. They will present your case in court, ensuring your rights are protected every step of the way.

Guidance Through the Legal Process: Medical malpractice cases are complicated, but an experienced lawyer will guide you through every step of the process, helping you understand what to expect and what you need to do.

What to Do If You’ve Suffered from LASIK Surgery Malpractice

If you’ve experienced complications from LASIK surgery that you believe are due to negligence, don’t hesitate to seek legal assistance. Time is a critical factor in these cases, and the sooner you take action, the stronger your case will be.

Steps to Take:

Gather Medical Records: Collect all records related to your LASIK procedure, including preoperative and postoperative documents, and any communication with your surgeon.

Document Your Injury: Keep a detailed record of your symptoms and how they have impacted your daily life. This can serve as evidence of the harm caused by the procedure.

Contact a Medical Malpractice Lawyer: Consult a qualified lawyer who has experience with LASIK surgery malpractice claims. They will help evaluate your case and guide you through the legal process.

Did You Suffer LASIK Surgery Malpractice in New Jersey? Contact Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC to File a Medical Malpractice Claim

If you or a loved one has been a victim of LASIK surgery malpractice in New Jersey, don’t wait to take action. At Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC, our experienced medical malpractice lawyers are here to help you understand your legal rights and fight for the compensation you deserve.

Call us at 866-845-5571 for a free, no-obligation consultation or fill out our easy online contact form to schedule a meeting with one of our attorneys. Let us help you navigate the complexities of your LASIK surgery malpractice case and get the justice you’re entitled to.