Legal Question in Medical Malpractice in New Jersey

laser eye surgery

my husband received laser eye surgery and it didn't work, now they want to do it again but we have to sign a paper saying that they do not recommend it but will do it if we sign a paper. what is he supposeed to do, he is a truck driver and needs his eyes for work, thank you


Asked on 11/19/08, 10:19 am

2 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: laser eye surgery

Need more information. This does not sound like malpractice to me? Sounds like a known risk of surgery. What are his damages? Is he blind? Please explain.

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Answered on 11/19/08, 10:35 am
Arthur Newmark Arthur Newmark, M.D.. Esq

Re: laser eye surgery

First, since you contacted the medical malpractice forum, I encourage your husband to call medical malpractice attorneys as soon as possible if he is interested in pursuing a possible medical malpractice case relating to his treatment.

In many medical procedures you are asked to sign an �informed consent�, meaning that, after a after explanation from the doctor, and an opportunity to ask questions, you understand the risks and benefits and decided to go forward with the procedure.

I�m concerned about the communication in this case.

Are the doctors recommending the procedure? In one sentence you say they are recommending the procedure, and asking you to sign that you understand that they DON�T recommend it.

Your husband needs a clear understanding of the risks and benefits and make his best decision.

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Answered on 11/19/08, 11:51 am


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