Category: LASIK – Laser Eye Surgery

The wife of a professor at at the University of La Verne has been diagnosed as partially blind in her right eye following laser vision corrective surgery, LASIK. The patient, an, blames a rushed schedule and lack of communication by the doctor for the injuries. “The doctor never explained to me what to expect from the procedure,” said Ms. Lising. The patient also recalls the Web site misleading clients into thinking it is a painless, safe and hassle-free procedure. Based on the number of LASIK and laser eye surgery complications annually, this type of advertising is unfair and deceptive. More on Ms. Listing’s injuries can be found HERE.

If you believe you have been injured as a result of the negligence of a physician during LASIK, PRK or another form of eye surgery, visit our LASIK Malpractice page for more information by clicking HERE.

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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.

While LASIK providers and physicians tout “safe, easy, affordable” solutions for eye trouble via LASIK procedures across the country, one news article cites nearly 5% of yearly operations are not trouble-free.

David Morill, with contributions by the AP, wrote at insidebayarea.com that:

Each year about 700,000 laser vision correction surgeries are performed, with the majority of them being the Lasik method. With Lasik, doctors peel back a flap in the cornea’s surface and zap the underlying layer to reshape the cornea and ease either nearsightedness or farsightedness.

While most of the patients procedures go well, about 5 percent of them have unsatisfactory results. And about 1 percent or less have serious consequences such as loss of vision. More common risks include dry eye and a halo effect.

…

Loyd Hunnell of Walnut Creek had one of the worst experiences.

In 2005, Hunnell was having trouble with his eyes and decided to get Lasik surgery performed. What started out as an attempt to try and correct a mono-vision issue turned out to be a “living nightmare”, he said. The procedure didn’t go as planned and over the course of several years the pain was unbearable. At one point he says that it felt like acid being poured directly onto his eyes.

Today, his issue is not nearly as bad as it once was, but it’s still not ideal.

“From minutes after I awaken until I close my eyes at night, I have stinging, burning, throbbing and ache, and sometimes foreign body sensations in my eyes,” he said. “I have amassed a huge box of medication bottles relating to the surgery I had and its disastrous aftermath.”

Hunnell, as well as credible eye doctors, advise the importance of doing thorough research and talking to several doctors before doing any kind of eye procedures.

Some worry that patients who don’t really need the corrections are being steered in a direction they don’t need to go.

“It’s critical that patients listen and understand what they’re being told, and that the doctor takes the time to explain issues that may come up properly,” Abbott said. “If people think about the possibility of it being a miracle, they might not listen to the idea that not every patient is ideal for this procedure.”

5% of an estimated 700,000 procedures is 35,000 expected complications each year from LASIK. If you have had negative results from LASIK, you may have been the victim of negligent and fraudulent care by doctors or LASIK providers. While some injuries occur naturally, others occur because of poor screening and mis-use of equipment. Send the authors an E-MAIL TODAY to discuss your specific situation.

A New Jersey eye surgeon has agreed to pay $2.1 million to settle a lawsuit filed by a man who claims he was left legally blind after undergoing laser eye surgery. James Dell’Ermo filed the lawsuit against Joseph Dello Russo after having the surgery to correct nearsightedness. An attorney for Dello Russo said they decided to settle the case in order to avoid the uncertainties of a trial. Of the $2.1 million, $1.7 million was paid by Dello Russo’s medical malpractice insurance. Another $400,000 was paid from the doctor’s personal insurance.

As attorneys who handle LASIK litigation, this is a positive development. These massive money-machine corporations and negligent doctors must be held accountable for their negligence and deceptive marketing, advertising and care.

For more information on the settlement, you can read the Newsday article. If you live in Memphis, the Mid South, West Tennessee, or beyond and believe you have sustained injury as a result of improper LASIK surgery, or other refractive eye surgery, E-MAIL us today.