Legal Question in Medical Malpractice in California
I went in for a lasik treatment to improve my vision. After testing, it was discovered that I had pre-mature cataracts. Dr. recommended getting premium lenses. I went with his recommendation
Surgery was scheduled for 6/7/10 @ 2:00, Arrived @ 1:15 to be Prepped for surgery.
Staff realized just prior to surgery the lenses were not at the office. I was already "out" - had no say in the matter. Staff had to wait for an employee to get off work in L. A. office to pick up and deliver lenses to Camarillo.
Surgery completed @ approx 9:45 PM. Surgery only takes a few minutes.
Post surgery arrive for exam 6/8/10. vision is blurry.
Dr. schedules lasac to clean up behind the eyes.
After several visits and no improvement, I asked, "WHY, am I still using my old glasses?"
No real answer from Dr.
After several more visits, I asked again if my eyes would be good for my upcoming cruise.
Dr. said he didn't think I would be glass-free by 9/27 trip.
I continued to go for scheduled appts (check ups and touch ups) nothing ever changed. I still have the black floaters in my left eye (side effect from surgery) He attempted approx 4-5 times to touch this up but no changes.
I asked when will I see improvement and why haven't I seen any yet. He said that's just how it worked out for me.
Dr. X told me I need to decide if I want to see up close ONLY or distance ONLY. My whole reason for this surgery was to ditch the glasses due to: I can't wear contacts and it hurts my nose to wear glasses.
I decided I wanted "real" answers so at the end of 2011, I called the manufacturer of the lenses.
I spoke to staff Dr Joy. I asked some questions.
I explained I had the Premium Lenses (this is what Dr. X marketed them to me as..).
She said, We do not market those as Premium Lenses.
I told her I had the surgery and I am still wearing my old glasses from prior to surgery.
She told me it sounds like the Dr. - Set your new lenses to your "bad" vision, rather than the new corrected vision.
I asked if they can be removed?
She said, "No, It's too dangerous, BUT your Dr can perform some touch-ups"
We then discussed the procedure. I told her that he did both eyes at one time.
She said, "That is not proper procedure. Proper procedure is to do one eye and then wait a few weeks, re-check vision, then set the lens to the proper prescription and implant the other lens.
There should be a few weeks between each eye."
I continued to visit Dr. with no improvement.
I decided to get a second opinion (2/12).
THIS Dr. said there's really nothing he can do for me.
He said he would not have done both eyes at once because he's very cautious. He also told me not to have any more procedures on my right eye and I only have one more I can do on my left eye for a touch up only.
This is when I decided NOT to go forward with Dr. X-- He's had ample time and several attempts. I am not taking any chances with my last shot to fix/touch up my vision.
My last visit was November 2011 with Dr that performed the surgery.
I paid $8000. CASH for this surgery. Had I used my insurance, He would have had to do the procedure the proper way. One eye at a time, a few weeks apart.
2 Answers from Attorneys
Get all your records from Dr. X and contact my office. You have only few months left to take action. So, do not delay.
Your first issue to deal with:
You have only one year from getting 'notice' or learning of the suspected malpractice to bring suit, or three years max from date of injury. When did you first conclude you were damaged?
Next:
This sounds like bad treatment, but when claiming medical malpractice, your claim must be supported by the opinion of a doctor who is a 'qualified expert' in that field of medicine, who is prepared to say the treatment fell below the acceptable standard of care, and that you suffered legally recognized damage. Neither your opinion about malpractice, nor mine, is relevant nor 'proof' of malpractice. What may seem obvious to you and I is not necessarily a conclusion an expert will support.
Would your other treating doctor[s] be willing to provide that opinion? You can get independent experts for that purpose if your treating doctors say there is negligence but they won't testify. I can provide referrals and assistance if necessary.
f you are still in time, feel free to contact me.
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