January 30, 2013

162017_132140396847214_292624_nOn December 2, 2011, a LASIK eye surgery malpractice lawsuit was filed in the Circuit Court for the Fifth Judicial Circuit, in and for Marion County, Florida, against an osteopathic doctor who performed LASIK eye surgery on the medical malpractice plaintiff. The malpractice lawsuit alleged that the plaintiff was not a proper candidate for the LASIK procedure. The medical malpractice plaintiff had the LASIK procedure on both eyes on June 26, 2007 that left him legally blind in one eye (20/400 visual acuity in his right eye) and with post-LASIK ectasia in both eyes.

What Is LASIK Eye Surgery?

LASIK is short for laser-assisted in-situ keratomileusis. The LASIK procedure is the most common type of refractive surgery that changes the shape of the cornea so that light is more precisely focused on the retina and thereby produces clearer, sharper vision. Many people who have LASIK eye surgery reduce or eliminate their need for corrective lenses following the procedure.

Since LASIK surgery permanently thins and weakens the cornea, it may lead to the progressive steepening or bulging (ectasia) of the cornea that causes deterioration of vision. People with post-LASIK ectasia may also suffer from halos, blurry vision, glare, ghosting, star-bursts, double vision, light sensitivity, contrast sensitivity, loss of depth perception, problems with night driving, headaches, dry eyes, or the sensation of a foreign body in the eye.

The LASIK malpractice lawsuit alleged that the defendant osteopathic doctor who performed the pre-LASIK screening failed to determine that the medical malpractice plaintiff was not an appropriate candidate for LASIK surgery because he had keratoconus (an eye disease where the shape of the cornea slowly changes from the normal round shape to a cone shape and the eye bulges out, causing vision problems).

The plaintiff’s LASIK malpractice lawsuit further alleged that the medical malpractice defendant failed to obtain his informed consent for the LASIK procedure by failing to adequately and appropriately advise the plaintiff regarding the LASIK procedure, by failing to inform the plaintiff regarding alternative treatments available to him, and by failing to appropriately inform the plaintiff regarding the risks and benefits of the LASIK procedure. The plaintiff alleged that had he been properly informed, he would have chosen to not have the elective, non-emergency LASIK procedure.

The medical malpractice defendant represented on his website that he “is one of the most experienced LASIK surgeons in the country in that he has successfully performed more LASIK procedures than almost every other LASIK surgeon in the country.”  The medical malpractice defendant claimed that he performs LASIK procedures in at least six states, including nine locations in Florida and in Illinois, Indiana, Kentucky, Missouri, and Ohio.

Source: Patel, et ux. v. Burger, D.O., et al., Case No. 11-3766-CAB.

If you had a bad outcome after LASIK surgery that may be due to medical negligence, you should promptly seek the advice of a local medical malpractice attorney who may agree to investigate your possible LASIK surgery claim for you and file a LASIK malpractice case on your behalf, if appropriate.

Click here to visit our website or telephone us on our toll-free line (800-295-3959) to be connected with medical malpractice lawyers in your state who may be able to assist you with your LASIK malpractice claim.

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