QUESTION

Had radial keratotomy in 1996 now vision problems from surgery and surgeon went out of biz in 9/12. Can anything be done legally?

Asked on May 25th, 2013 on Medical Malpractice - Missouri
More details to this question:
My right eye has developed cornea problems in the last two or three years and requires a combination of a contact lens for far and reading glasses for close. I saw the surgeon about my problem in Sept 2012, was told my problem was a cataract. An optomitrist in his office said my problem was from the surgery and was due to my cornea. Mysteriously they went totally out of business two weeks later and the medical records I received in the mail are only two pages. Also, interesting is that the surgeon is having the same problem. I just want to get it fixed, but my little town attorney said the statute of limitation has run out. Thanks.
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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The mere fact that an office went out of business does not mean that you cannot still make a claim for malpractice. The question will be whether there was insurance coverage at the time of the negligence. You are going to have to overcome a statute of limitations defense. If you only recent discovered that your vision issues are related to medical malpractice, you probably have an argument that the statute of limitations should be tolled.  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,  ideally with experience in cases that involve your medical issue. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. 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. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Since I am a lawyer, I need to advise you of the following when I communicate with you: 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 Click here for my website. 
Answered on May 27th, 2013 at 5:59 PM

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