Vision is one of the most useful tools we depend on for navigating the world around us. When an injury or illness causes vision loss, the result can be profoundly traumatic. Not only does losing your vision make it difficult or impossible to perform everyday tasks, it also takes a financial toll. You may start to accumulate huge medical bills, yet be unable to work because of your damaged eyesight. If your vision loss was caused by an eye doctor’s mistake, Miami ophthalmologist malpractice attorney Prosper Shaked can help you fight to get compensated.
Whether your vision loss is partial, complete, temporary, or permanent, you deserve to be fairly compensated if you were the victim of negligence. By engaging in a thorough investigation, an eye doctor malpractice lawyer can determine whether your ophthalmologist handled your diagnosis and eye surgery properly – or made serious errors. If you, your spouse, or one of your family members is suffering from partial or complete blindness that you think resulted from improper medical treatment, talk to Prosper Shaked about your legal options. For a free consultation, contact Prosper Shaked Accident Injury Attorneys PA online, or call (305) 694-2676 for assistance.
Common Types of Ophthalmology Malpractice in Florida
There are many ways an eye doctor can make a mistake that seriously harms a patient, potentially resulting in complete and permanent vision loss. Errors can occur at any stage of the patient’s treatment, and may involve more than one person or healthcare provider. Most revolve around a medication, a surgical procedure, or a diagnosis. Here are a few common examples of ophthalmologist errors that may constitute medical malpractice:
- Failing to consult a specialist or expert when necessary
- Failing to diagnose the patient in a timely fashion (such as failure to detect and diagnose ocular melanoma)
- Failing to monitor the patient properly
- Making a mistake during LASIK surgery, glaucoma surgery, surgery to remove cataracts, or other eye surgeries
- Misdiagnosing one condition as something else
- Prescribing an inappropriate medication (such as an excessive dose, a drug that the patient is allergic to, or a drug that has dangerous interactions with other medications the patient is taking)
Numerous factors can lead eye doctors to make these sorts of mistakes, including fatigue, intoxication, lack of experience, lack of supervision, lack of clear protocols, inadequate training, outdated equipment, unsanitary conditions, or sheer carelessness. In some cases, the doctor may not even possess the proper licenses and credentials needed to practice legally.
Suing an Eye Doctor for a LASIK Surgery Mistake, Failure to Diagnose, or Medication Error
You may be able to file a lawsuit against your eye doctor, the hospital where your procedure was performed, the manufacturer of a medication or medical implant, or other parties whose negligence led to your eye injuries. Most lawsuits are settled outside of court, though a small number proceed to trial. A former prosecutor at the Miami-Dade State Attorney’s Office, Prosper Shaked is an effective litigator who is not afraid to take on the insurance companies for you.
In order to recover compensation in an eye injury lawsuit or vision loss lawsuit in Florida, you must prove certain facts. These facts are that:
- A duty of care existed. Doctors owe their patients a duty of care, which means they must take certain actions and meet certain standards to avoid or minimize the risk of patient harm.
- A breach of duty occurred. A careless eye doctor or eye surgeon can breach their duty of care in many different ways. Some common examples, which are discussed in the next section, include failures to diagnose, surgical errors, and medication errors.
- You suffered harm resulting from the breach of duty. Because your eye doctor deviated from normal, reasonable standards of care, you suffered an eye injury, lost one or both eyes, or developed total or partial vision loss.
In addition to proving these facts, you must also follow strict legal deadlines. For example, Florida has a two-year statute of limitations for medical malpractice, which means you generally have two years from the date of your eye injury or vision loss to file a lawsuit. However, exceptions may be made in scenarios where the discovery of an injury is delayed.
Miami Ophthalmologist Malpractice Lawyer for Vision Loss + Eye Injury Claims
If you lost sight in one or both eyes because your ophthalmologist made a mistake, you may be able to get compensated by filing a lawsuit with help from an experienced ophthalmologist malpractice attorney in Miami, like Prosper Shaked. An aggressive injury lawyer, Prosper has a sharp eye for detail and a tireless dedication to justice. To confidentially discuss your eye injury or vision loss in a free legal consultation, call Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676, or contact us online today.