If you’ve had problems with your vision or eye care, you might be wondering: Can I sue my eye doctor for medical malpractice? The short answer is yes. It’s possible to take legal action if you believe your eye doctor was negligent. However, not every mistake or bad outcome qualifies as malpractice. You must meet certain conditions before you can file a medical malpractice lawsuit.
For example, there must be proof that your eye doctor made a mistake that didn’t just cause a minor issue but actually harmed you—whether by misdiagnosing a condition, making an error during treatment, or failing to provide proper care.
Understanding when and how you can sue an eye doctor for medical malpractice isn’t always easy. That’s why it is important to discuss your specific situation with an experienced medical malpractice lawyer. At Prosper Shaked Accident Injury Attorneys, PA., we can help you through this difficult time and determine if you have valid cause to file a medical malpractice claim against your eye doctor.
What Is Medical Malpractice?
Medical malpractice happens when a doctor makes a mistake that causes harm to a patient. In the case of an eye doctor (also known as an ophthalmologist or optometrist), this could mean something went wrong during a routine eye exam or surgery. For a malpractice case to happen, there are a few things that need to be proven.
- The Doctor Was Negligent. Negligence means the eye doctor didn’t meet the standard of care. The “standard of care” is what other doctors in the same situation would do. For example, if an eye doctor fails to catch a serious eye condition like glaucoma or macular degeneration, and this leads to worsening vision or blindness, that could be considered negligence.
- You Were Harmed Because of the Mistake. Even if an eye doctor made a mistake, you can only sue if that mistake caused you harm. If the error didn’t hurt you or your vision, there’s no case. For example, if an eye doctor misreads your prescription but you don’t suffer from it, there’s no harm done.
- There Was a Clear Link Between the Mistake and Your Injury. There has to be clear evidence that the doctor’s mistake directly caused your injury. This might mean showing how the doctor’s error led to a worsened condition or more expensive treatments. For example, if you needed surgery to fix the damage caused by their mistake, that would be proof of harm.
- The Doctor Wasn’t Following the Right Procedure. If the doctor didn’t follow proper procedures or didn’t inform you about the risks of a treatment or surgery, that could be malpractice. Doctors are required to get your consent before performing procedures, and if they don’t, it might be grounds for a lawsuit.
- The Doctor’s Mistake Wasn’t Just a Normal Risk of the Treatment. Sometimes, things go wrong in medicine, but that doesn’t always mean malpractice. If a risk is clearly explained to you (like in the case of eye surgery), and you agree to it, then a bad result could just be an unfortunate part of the process, not a lawsuit.
Examples of Medical Malpractice by Eye Doctors
- Misdiagnosing a serious eye disease like cataracts or glaucoma
- Prescribing the wrong glasses or contacts that damage your eyes
- Making errors during eye surgery that cause injury
- Failing to warn you about the risks of a procedure or treatment
- Neglecting to follow up with you after a serious procedure
How Bad is Vision Impairment in Florida?
Vision impairment, disorders, conditions, and other issues are a serious problem—including right here in Miami-Dade County. Globally, the World Health Organization (WHO) reports that “at least” 2.2 billion people have some form of vision impairment around the world, with “at least” 1 billion of those individuals suffering from vision impairment that “could have been prevented[.]”
In Florida, the National Federal of the Blind (NFB) reports that over 544,000 Floridians have some form of diagnosed vision impairment affecting their daily lives. This is the third-worst in any state, behind only California and Texas. However, it is also estimated that 2 million Floridians are living with low vision or other eye conditions that have not been diagnosed. In Miami-Dade County alone, approximately 2.1% of all residents have vision difficulty.
When Vision Loss Occurs, Who Is To Blame?
Most conditions causing vision loss or impairment can be diagnosed and properly treated by a healthcare or eye care professional. While many ophthalmologists, eye doctors, opticians, nurses, and other professionals properly do so, some do not. This negligence leads to patients suffering preventable errors that have a permanent effect on their vision. This includes failing to diagnose an eye condition that could have been avoided.
When a healthcare provider such as an ophthalmologist fails to properly diagnose an eye condition, disease, or disorder that could have been treated, it could be due to medical malpractice.
Failure to Diagnose an Eye Condition in Miami, FL
Medical malpractice based on a failure to diagnose is a common cause of action or claim that a patient could bring against a healthcare provider. Regarding eye care and treatment, a failure to diagnose an eye condition in Miami is one of the many different forms of ophthalmologist malpractice.
This type of medical error can result in permanent damage, including loss of vision, decreased visual field, partial or total blindness, perception issues, “floaters,” and other serious health complications. A patient injured by this form of medical malpractice may be entitled to “damages” or relief in court. This is typically monetary compensation in a personal injury case.
At Prosper Shaked Accident Injury Attorneys PA, our medical malpractice lawyers have helped countless patients hold their eye doctors accountable after a failure to diagnose. Some of the most common eye conditions in Miami we’ve handled include:
Eye Stroke
An eye stroke is a very dangerous, disabling, and serious condition that is a medical emergency. According to Penn Medicine, an eye stroke occurs when there is a lack of blood flow to the tissue located in the front part of the optic nerve. If an eye stroke is not treated properly, it can result in a sudden and often permanent loss of vision.
The causes of an eye stroke are due to poor circulation of blood flow to the blood vessels that supply part of the optic nerve. This could be caused by a blockage or increased blood pressure restricting blood flow. The symptoms of an eye stroke are usually no or very little pain, with a dark area or shadow in the vision on one half (top or bottom).
An eye stroke is usually easily diagnosed by dilating the pupils and examining the optic nerve and retina. Treatment for an eye stroke could be as simple as giving corticosteroids or other medication. Other effects include reducing the pressure in the eye to allow for increased blood flow.
However, despite the ease of diagnosing and the relative ease of treating most eye strokes, failing to diagnose an eye stroke could result in permanent vision loss. Even if some vision is restored, part of the vision would likely be permanently affected. If an ophthalmologist sends a patient home with these symptoms without performing the basic eye examination, a patient who subsequently suffers an eye stroke resulting in the loss of vision may have a cause of action against a negligent ophthalmologist.
Glaucoma
The American Academy of Ophthalmology defines glaucoma as a disease that damages the optic nerve, affecting your vision. This is primarily due to increased fluid and pressure in the eye, which damages the optic nerve. According to NEI, an estimated 2.7 million Americans suffer from glaucoma.
Diagnosing glaucoma requires a pressure test (commonly a puff of air) and an examination. This includes inspecting the eye’s drainage angles, looking at the optic nerve for damage, and testing peripheral vision. Other tests can include measuring the thickness of your cornea and taking 3d/enhanced photographs of your optic nerve.
Luckily, once glaucoma is diagnosed, it is usually easily treated with eye drops. These eyedrops are minimally invasive and easily applied. They do not reverse the damage that was done, but they can immediately stop further damage and prevent it from reoccurring.
Unfortunately, the failure to diagnose a condition like glaucoma can result in permanent damage to the eye, which is irreversible. If an ophthalmologist fails to detect and treat glaucoma in a patient, and the disease is discovered later, a patient may be entitled to compensation for his or her pain and suffering or permanent vision loss due to the delay in diagnosing.
Diabetic Retinopathy
Individuals with diabetes could develop a condition affecting their eyes known as diabetic retinopathy. High blood sugar levels cause damage to blood vessels in the retina, which in turn causes swelling, leaking, and a decrease in blood flow. Over time, this can damage the eyes and cause vision loss.
An ophthalmologist can diagnose diabetic retinopathy by dilating your pupils and looking at the blood vessels in your eyes. Sometimes, a doctor may do a fluorescein angiography with dye injected into a vein to see the blood flow around your eye’s blood vessels.
Failing to diagnose diabetic retinopathy could be serious ophthalmologist medical malpractice and result in permanent loss of vision. This is usually a more egregious type of medical negligence because a patient who has diabetes is already going to be at a higher risk for this condition. Therefore, an eye doctor must be on a heightened guard for this condition.
Cataract
When your eye becomes cloudy, it could be due to a condition known as cataracts. Specifically, the lens of your eye is what begins to become cloudy. This affects how we can see. Aging is the most common cause of cataracts, which can worsen until treated.
Diagnosing cataracts is usually done through a slit-lamp examination. This is a special lamp that makes it easier to spot abnormalities like cataracts. A retinal examination can also determine whether cataracts are forming.
The worse the cataracts, the more involved the surgery is, and the more likely that the surgery will have to replace the entire lens with an artificial one. Delays in diagnosing, stopping the progression, and ultimately treating cataracts could force a patient to endure unnecessary pain and suffering through a more involved surgery. This could have been preventable and due to medical malpractice.
Corneal Opacities
Corneal opacity is a cornea disorder that causes scarring and damage to the cornea. This damage can be permanent and significantly affect vision. There are many causes of this condition, including other diseases and conditions which could be diagnosed and quickly treated.
A failure to diagnose an eye condition like corneal opacity could result in permanent damage and require more invasive treatment, including laser surgery or a complete removal and replacement of the cornea (corneal transplant).
Trachoma
A bacterial infection that affects your eyes is a trachoma, usually caused by Chlamydia trachomatis. This is a very contagious condition that can affect the eyelids, nose, throat, and other secretions of patients. It is easily passed to others, usually because it results in itching and irritation, which can get on hands and fingers and then spread to others.
The symptoms are obvious, including itching, irritation, redness, watery and swollen eyelids. While it can be easily treated with medication, the failure to properly treat trachoma could result in permanent and total blindness. An eye doctor who fails to diagnose this type of eye disease may be guilty of negligence and malpractice.
Should You Sue Your Eye Doctor?
If you think your eye doctor made a mistake that harmed your health or vision, you might wonder whether you should take legal action. Deciding to sue can be a big decision, and it’s not something you should take lightly.
The first thing you should do is speak with a medical malpractice lawyer at Prosper Shaked Accident Injury Attorneys, PA. We will review your situation, look at your medical records, and decide whether we believe that your doctor’s actions (or inactions) meet the legal requirements for negligence.
When you meet with us in a free consultation, we’ll give you an honest opinion about whether your case is strong enough to move forward.
Contact Our Florida Medical Malpractice Lawyers Today
Call ophthalmologist malpractice lawyer Prosper Shaked by dialing (305) 694-2676 to learn how we can help protect your rights to compensation and fight back against a negligent eye doctor. We offer FREE consultation to help you explore all your legal options.