Legal Question in Legal Ethics in California

is this malpractice?

my husband had 20/40 vision in right eve, legally blind in left. he had cornea implants which doctor said would improve vision expecially in left. right eve surgery went ok. left was botched. implant came loose causing immense pain. doctor reattached implant during another surgery, said everything was ok. during visit doctor could not explain why he could not see out of left eye. now a year later doctor says he has pressure buildup in left eye and requires an implanted valve to release pressure from onset of glaucoma, but vision will not improve. right eye vision has worsened to 20/60, not correctable with glasses or anything else. his vision was so much better before any of these operations. the only reason he had them was the promise of improved eyesight. now the doctor will not sign a release for him to get his driver's license back ever again, which he needs for his job as a self employed handyman. do we have any recourse? was the surgery botched?


Asked on 3/26/06, 12:45 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: is this malpractice?

Without reviewing the medical records, I don't think any lawyer would be able to say one way or another. Typically, a lawyer would bring the medical records to an expert in the field to review. If the expert gives thumbs up, then the lawyer can be assured that at least there's a chance of success. If the expert says "no", then the lawyer won't take it. A lawyer may often ask for those expert fees up front, which could run between $750-$3,000 depending on level of expertise and scope of review.

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Answered on 3/26/06, 2:28 pm


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