Legal Question in Medical Malpractice in California
Cornea Transplant
On December 17, 2005 my left eye was bothering me and when I took my contact out it continued to feel irritated. Immediately saw the optomotrist. After a week of not healing was sent to opthomologist, who said I had a viral infection. He didn't take a culture of my eye, instead treated me for a viral infection & followed up with me 1x week. On February 8, I was administered antibiotics which caused my eye to swell. I went back to the opthomologist he initially said I had a bad reaction to the antibiotics and gave me drops to sooth eye. That night I went to the ER because of severe pain and the ER doctor said it looks like a cornea ulcer.
The following day I saw another opthomologist in the same office who confirmed it was a cornea ulcer. Continued to see once a week with little improvment. Was sent to another opthomologist who put me on new antibiotics. Four days later, eye was swollen and went back to first opthomologist who said eye was okay, to continue meds & it was not serious.
March 6, by persistence was able to see a cornea specialist who took a culture and stated eye was very serious. She saw me daily. Said eye was mishandled from beginning. Now need cornea transplant.
Do I have a case against the opthomologist?
2 Answers from Attorneys
Re: Cornea Transplant
Saying 'mishandled from the beginning' is the start of what you need to support such claim. If that doctor is willing to be designated as a medical expert, and prepared to testify that your early treatment amounted to clear negligence, then you can file suit. However, seeing several doctors, none of whom identified the same problem and treatment options as this new doctor, means that there is dispute over correct treatment options. Certainly, you need to consult with an attorney, and be prepared to provide copies of your medical records and doctor's opinion letter for review. Contact me if interested in doing so.
Re: Cornea Transplant
With the information you provided it is not possible to determine whether or not there is a case here. There might very well be one. Like all malpractice cases, it is first necessary to obtain all of the medical records/films/tests and piece together what occurred and the reasons why. Corneal injury is serious and a corneal transplant is a very significant and costly procedure. I would say that this case warrants a careful look see. Some offices, like mine, will obtain the records and films at our expense to recover that cost if and when the case resolves. No obligation to contact my office in San Francisco to discuss it.
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