QUESTION

Do I have a case?

Asked on Dec 15th, 2012 on Medical Malpractice - North Carolina
More details to this question:
I had Retinal Detachment Surgery resulting in optic nerve damage which is not usual with this type of surgery, but is a risk. The operation has left me mostly blind. I signed the surgery form, where I acknowledged the risks. Is the doctor still liable?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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As you indicate, there may or may not be a viable medical malpractice case, it depends on the reason the optic nerve was damaged. If it was through the use of the anesthetic, you may have a viable informed consent case if the doctor did not offer you an alternative to decrease the risk of damage to the optic nerve. A subTenon's block is a way to avoid damage to the optic nerve, although for a variety of reasons, retinal surgeons chose to use other methods. I think it is a stretch to argue that accepted standards of care mandate that this procedure be used during retinal surgery, but you could make the argument that a doctor's duty to give informed consent requires this option to be discussed.  If you want to investigate a malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. 
Answered on Dec 16th, 2012 at 11:49 AM

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