LASER EYE SURGERY INJURY OR COMPLICATION?
LASIK: Injuries from the Procedure
Each year there are over 700,000 LASIK surgeries across the country. Of those, statistics show 5% of procedures result in complications. That’s 35,000 possible injuries every year in the United States alone. Common problems post-LASIK are:
- Blurry vision
- Warping or scarring of the cornea
- Dry or painful eyes
- Halo or starburst effects that interfere with clear vision or safe driving
- Sensitivity to light
- Loss of visual acuity, even with the best possible correction with eyeglasses
LASIK injuries can occur because of improper screening/testing, improper surgical techniques, lack of adequate equipment, improper use of equipment, inadequate post-surgery treatment and general negligence. Naturally, LASIK injuries can be quite devastating, resulting in blindness in some cases.
These problems can result from numerous causes. During a surgery, a physician may cut the cornea too shallow or too deep or may improperly use medical equipment and devices. Some injuries may result because of the failure of the physician to follow the “standard of care.” The standard of care differs by state, as for example in Tennessee, the “standard of care” is what a reasonable physician would have done in the same or a similar community.
LASIK problems, however, can also occur because the surgery should have never occurred in the first place. For example, some persons are not proper candidates. For example, some candidates have corneas that are too think to support the LASIK cutting. Others possess a feature known as keratoconus, which means a person has a cornea improperly shaped that will not support LASIK procedures.
LASIK: Unfair and Deceptive Advertising
Unlike some other forms of health care, LASIK is a cash business, meaning that those choosing to undergo LASIK have agreed to pay 100% of the cost to the provider. This has, in a sense, lead to the creation of large corporate LASIK providers, including the Laser Vision Institute (LVI) and The Laser Center (TLC). These, and other, corporations spare no expense at advertising to lure consumers into their clinics and to their surgeons. In a sense, this has resulted in the FDA imposing fines against some LASIK providers for false and deceptive advertising.
Despite fines and warnings, mass-LASIK advertising continues today, in print, on the Internet and on the radio around the globe.
LASIK: Damages
Some damages you may be entitled to include:
- Past medical and pharmacy bills
- Future medical and pharmacy bills
- Mental distress
- Permanent injury
- Loss of enjoyment of life
- Pain and suffering
- Mental distress
- Loss of consortium
- Punitive damages in some instances
LASIK: Do I have a case?
If you have suffered complications following LASIK, you may be entitled to pursue a cause of action against physicians and/or the LASIK provider. Whether or not you are a candidate to pursue an action depends on whether there was a violation of the standard of care by the surgeon and/or the clinic. It may also depend on whether you relied upon false or deceptive advertising before going forward with your treatment.
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The authors practice in the Mid South and Metropolitan Memphis area, an area encompassing Western Tennessee, Eastern Arkansas and Northern Mississippi. Some cities covered in our wide range of practice include Memphis (TN), Cordova (TN), Bartlett (TN), Collerville (TN), Millington (TN), Covington (TN), Somerville (TN), Ripley (TN), Dyersburg (TN), Tiptonville (TN), Union City (TN), Dresden (TN), Humboldt (TN), Milan (TN), Trenton (TN), Alamo (TN), Brownsville (TN), Jackson (TN), Bolivar (TN), Henderson (TN), Lexington (TN), Selmer (TN), Savannah (TN), Parsons (TN), McKenzie (TN), Huntingdon (TN), Paris (TN), West Memphis (AR), Marion (AR), Southhaven (MS), Olive Branch (MS), Hernando (MS), Horn Lake (MS), and Senatobia (MS). This also includes the following counties: SHelby (TN), Tipton (TN), Lauderdale (TN), Dyer (TN_, Lake (TN), Obion (TN), Gibson (TN) Crockett (TN), Haywood (TN), Fayette (TN), Hardeman (TN), Madison (TN) Henderson (TN), Carroll (TN), HHenry (TN), Benton (TN), Chester (TN), Decatur (TN), McNairy (TN), Hardin (TN) Perry (TN), Tunica (MS), Desoto (MS), Tate (MS), Marshall (MS), Lafayette (MS), Crittendon (AR), Mississippi (AR), Poinsett (AR), Craighead (AR), Cross (AR), St. Francis (AR), Lee (AR), Phillips (AR). Even if you are outside of these areas, we may still be able to help, so please contact us today, as our attorneys are licensed in numerous state courts and federal courts, and can still assist in finding you an attorney to help you with your needs.