Legal Question in Medical Malpractice in New York

LASIK Nightmare

I had the LASIK's procedure done by a reputable surgeon. My right eye is now damaged. I see shadows, halos, can't read and glasses will not correct my problem. The surgeon stated that what happened to me he has only seen twice before in 16,000 procedures. He said I need to be patient. It may eventually resolve by itself. If not, additional laser work should work. But I will need to wait a few months in either case. In addition, my left eye was overcorrected. I can't read at this point. I bought magnifying glasses from Lens Crafter. They will supply me with reading glasses next week. I have a desk job. This is causing me distress since reading is an integral part of my work. I constantly have headaches. Do I have a case? Would I have a case even if eventually more work was done to my eyes and my sight was restored (in other words, if I waited to sue)? I did sign a disclaimer.


Asked on 12/15/04, 2:17 pm

1 Answer from Attorneys

Re: LASIK Nightmare

The problem you have with your right eye MAY fall within normal complications associated with the procedure, or may not... alot will depend on how recently you had the surgery. Before there can be malpractice, it would have to be established that there was negligence and damage.

As for your left eye being "over corrected" this may be an issue. While minor deviations with a single eye, while uncommon, are not necessarily unexpected, the fact that you experienced problems with BOTH eyes is reason for concern.

Please e-mail or call me and I can discuss some of the more relevant factual issues with you. The standard for Malpractice requires proof that the eye surgeon deviated from the accepted standard of care in the community, and that the deviation caused the injury. The fact that both eyes experienced problems may be evidence that speaks for itself. We can discuss this further.

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Answered on 12/16/04, 9:59 am


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