Believe it or not, over 3 million cataract surgeries are performed every year in the U.S. Thankfully, most of these procedures are successful, meaning the cloudy lens is replaced by an artificial lens, thereby restoring vision in the affected eye. Unfortunately, some patients end up with injuries and serious complications due to errors during the surgery. This includes partial or total vision loss for the patient, when the whole point of getting the surgery was to improve their vision. Other patients suffer needlessly from retinal detachment, infections, and other conditions because of unnecessary cataract extraction surgeries.
Cataract surgery is viewed as a relatively safe procedure, but things can quickly go wrong when there is negligence by a doctor or medical facility. Statistics by the Ophthalmic Mutual Insurance Company (OMIC) show that there were approximately 3,000 medical malpractice claims from 1989 to 2009. It’s worth noting that 937 cases had to do with cataract surgery, and 117 were based on post-surgical complications. In short, around one-third of all medical malpractice claims during this period had to do with cataract removal procedures.
Factors Contributing to Cataract Surgery Malpractice
Medical malpractice can happen for many reasons, including breakdowns in communication, inadequate pre-op testing, using the wrong lens, and performing surgery on the wrong eye. Clearly, enough mistakes have happened over the years to warrant stricter safety measures and oversight. Any errors during the ordering, storage, and identification stages can put the patient at risk of permanent injuries.
On the one hand, the success rate for cataract surgeries is around 98%. However, that still leaves around 15,000 people every year who lose their vision because of a cataract removal procedure. Of course, it’s essential to consult your eye doctor for help on choosing an experienced surgeon. If you have pre-existing eye conditions like diabetic retinopathy or glaucoma, you should also see a physician specializing in that area prior to getting surgery for cataracts.
Sadly, even if you take all the necessary measures, you can end up with serious damage to your eye because of errors by the surgeon or another medical professional. Based on how and why you were injured, you may have grounds to file a cataract surgery malpractice lawsuit.
How We can Help You
Medical malpractice claims are a specialized area of personal injury that requires knowledge of state laws and a specific area of medicine. That’s why it’s important to find a lawyer with experience in surgical malpractice claims involving cataract removal and other eye surgeries. Our attorneys work with the best medical experts in California, and we know what it takes to build a compelling case for cataract surgery malpractice. We can also help you resolve any disputes with the insurance company and fight to get you the highest possible settlement.
Compensation Included in a Cataract Malpractice Settlement
Personal injury claims are filed for the purpose of recovering damages for the victim or their loved ones. A lawsuit for a botched or unnecessary cataract surgery can result in the following payments, which are based on your current and projected (future) financial losses:
- Cost of medical bills, including hospitalization, future surgeries, medical equipment, in-home care, prescriptions, treatment-related transportation costs, etc.
- Lost wages and job benefits
- Lost earning potential
These are direct, financial costs that victims are left with because of malpractice by an eye surgeon. But we also have to look at a patient’s mental and emotional suffering. The psychological toll of cataract surgical error on a patient can result in non-economic damages, such as:
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Loss of consortium
Calculating the amount of damages is one of the most important aspects of any medical malpractice claim. Doing so is easier with economic damages like medical bills and lost income. But how do you put a price on the anguish for someone who can no longer participate in certain activities and see their children grow up? How can you quantify the emotional toll that comes with losing your career and the ability to do basic tasks you once took for granted? Such questions have to be addressed on an individual basis, with help from an experienced doctor malpractice attorney.
If a settlement cannot be reached through back and forth negotiations with the insurance company, you have the option to take the case to trial. This is quite rare, and most lawsuits for cataract surgery complications are resolved without court intervention. If a case proceeds to trial, the jury may see fit to impose harsher penalties on the defendant. In cases of excessive disregard for a patient’s safety, the victim may receive punitive damages, which serve to penalize the medical professional while deterring others from committing a similar act.
How Long You have to Sue for Medical Malpractice
The California Code of Civil Procedures gives patients 1 year from the date of discovery to sue for an injury resulting from medical malpractice. Alternatively, the statute of limitations can be 3 years from the date of when the injury occurred. If the patient is under 6 years old, a lawsuit must be filed by the parents / guardians within 3y years of the injury, or before the child’s 8th birthday.
Please note that circumstances like fraud and concealment by the healthcare provider may be used as an exception to the statute of limitations. Patients also have a legal duty to provide the doctor, surgeon, etc. with 90 days notice of their intent to file a lawsuit. To verify the correct deadline for a cataract surgery malpractice claim, give us a call and speak to a member of our legal team 24 hours a day, 7 days a week.
Zero Fee Guarantee
Our law firm operates under the premise that all injury victims deserve legal representation, regardless of their ability to pay for an attorney. That’s why we are happy to offer the Zero Fee Guarantee from the moment you contact us. We promise that you will never be asked to pay out of pocket for legal fees, which we obtain as a part of your settlement. In essence, we have to win your case in order to get paid, and you pay $0 if we fail to bring you compensation from a medical malpractice lawsuit.
The journey begins with a free case review, which you can schedule by contacting our office.
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