QUESTION
Can I sue my lasik surgeon for damage done to my eyes, considering he did the surgery after forgetting to take my written consent form?
Asked on Jun 08th, 2014 on Medical Malpractice - Colorado
More details to this question:
Had lasik in February, and the surgery left ripples in my eye flaps. Second surgery was required. The second surgery was performed in a closed office, by a surgeon who has no assistants or techs there. Nobody actually. HE FORGOT TO TAKE MY CONSENT FORM. I now suffer from halos, glares, and starburst that prohibit me from driving at night. I suffer from the sane starbursts in the daylight, that reflect off of cars, signs, and anything else with a surface. I struggle with work, with my paintings, and I'm getting depressed over the fact I'm no longer independent. I know that the fact my consent form was forgotten, and the non-professional circumstances that happened during the surgery should give me a leg to stand on.
1 ANSWER
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Chalat Hatten & Banker PC
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We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record.
The problems which you describe are known risks of the eye surgery and since you imply that you had signed the informed consent form, but simply did not hand it back to the surgeon, the defense will still argue that you were aware of the possible complications and chose to go forward with the procedure.
Another attorney may have a different opinion and I encourage you to seek a second opinion. Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply. I wish you luck.
Answered on Jun 09th, 2014 at 12:08 PM