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, but it also takes a financial toll on you and your family. You may start to accumulate huge medical bills yet be unable to work because of your impaired eyesight.
If your vision loss was caused by an eye doctor’s mistake, Miami ophthalmologist malpractice attorney Prosper Shaked will help you fight to get the compensation you need to rebuild your life. To do this, you may sue your eye doctor for medical malpractice.
Whether your vision loss is partial, complete, temporary, or permanent, you deserve to be fairly compensated if you were the victim of negligence. By conducting a thorough investigation, a Miami opthalmologist malpractice lawyer can determine whether your eye doctor 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.
Ophthalmology Malpractice On the Rise
With the advent of innovative eye surgeries and treatments, ophthalmology has made tremendous strides in helping people improve their vision and overall eye health. However, along with these advancements, there has been a noticeable increase in ophthalmology malpractice cases. These malpractice cases have the potential to cause harrowing results, whether the surgery is optional, such as LASIK, or medically necessary, such as cataract surgery.
An analysis of medical malpractice claims involving ophthalmologists showed that 79 percent of all malpractice claims were related to procedures gone wrong. Particularly, 43 percent of those claims involved cataract surgery, while 32 percent of them involved Lasik surgery. Lasik surgery malpractice claims had the highest payout.
Of the medical malpractice claims that did not involve a procedure, 42 percent were due to a “failure to diagnose in a timely manner.”
Common Types of Ophthalmology Malpractice in Miami
When an eye doctor in Miami makes a mistake, they may cause the patient complete or permanent vision loss. Errors can occur at any stage of the patient’s treatment and may involve more than one person or healthcare provider.
Ophthalmology malpractice can occur in a variety of ways, from misdiagnosis to errors during surgery. Misdiagnosis can lead to a delay in treatment or the wrong treatment being given, which can result in irreversible damage to the eyes. Errors during surgery can range from incorrect measurements to the wrong procedure being performed, leading to partial or total vision loss, and in severe cases, even blindness.
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. Sometimes, the eye doctor may not even possess the licenses and credentials to practice legally.
Common Eye Injuries Due to Medical Malpractice
At Prosper Shaked Accident Injury Lawyers, PA., our Miami eye doctor malpractice attorneys have helped patients just like you recover the money they needed after a serious eye injury. We work tirelessly for our injured clients and help them seek justice after a doctor or medical professional injures them.
Some of the common eye injuries caused by medical malpractice include:
- Corneal abrasion
- Blurred vision
- Detached or damaged retina
- Double vision
- Reduced vision
- Partial or complete blindness
- Loss of contrast sensitivity
- Dry eyes
Suing an Eye Doctor for Medical Malpractice in Miami
You may be able to file a medical malpractice lawsuit against your Miami 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 malpractice lawsuits are settled outside of court, though a small number proceed to trial. As a former prosecutor at the Miami-Dade State Attorney’s Office, Attorney Prosper Shaked is an effective litigator who is unafraid to take on the insurance companies for you.
To recover compensation in anffffffff eye injury lawsuit or vision loss lawsuit in Florida, you must prove medical negligence existed. To do this, you must prove four specific facts, including:
- A duty of care existed. Doctors owe their patients a duty of care, which means they must take specific 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 ways. Some common examples, which are discussed in the next section, include failures to diagnose, surgical errors, and medication errors.
- You suffered harm. You suffered an injury, such as vision loss or damage to your eyes.
- Your injuries resulted from the eye doctor’s 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.
If you are unsure you may have a claim, don’t wait. Call our law firm immediately, and we will happily meet with you to evaluate your case for FREE.
What Is My Ophthalmologist Medical Malpractice Claim Worth?
Determining the worth of a medical malpractice claim against an ophthalmologist depends on several factors and can vary significantly from case to case. Here are some of the factors that may affect the value of your claim:
- The Severity of Your Eye Injury. If you suffer partial or total blindness, the value of your claim will be higher than if you experienced minor discomfort or temporary vision impairment.
- The Cost of Medical Treatment. The cost of medical treatment needed to correct the eye malpractice-related injury, including future medical expenses, will be considered in the value of your claim.
- Lost Income. If the injury resulted in missed work and lost wages, the value of your claim might include compensation for lost income, earnings, and benefits, as well as loss of future earnings if your eye injury results in a disability.
- Pain and Suffering. Compensation may be awarded for the pain and suffering you endured.
- Strength of Evidence. The strength of the evidence supporting your claim will also impact its value. This includes medical records, expert opinions, and witness testimonies.
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 might be able to get compensated by filing a lawsuit with help from an experienced ophthalmologist malpractice attorney in Miami, like Prosper Shaked. Prosper is an aggressive injury lawyer with 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.