Endophthalmitis is a rare complication following cataract surgery, but it can happen in the absence of negligence. Malpractice cases involving endophthalmitis usually involve an allegation that the infection should have been diagnosed sooner, or a referral to a retinal surgeon should have happened sooner. If there was a delay in the diagnosis, you should talk to a local medical malpractice lawyer.
If you have a valid malpractice claim, your expenses will be part of the lawsuit. If your insurance company has a right to subrogate, they will notify you of this and contact the attorney you hire and advise them of this.
Answered on Jan 06th, 2012 at 1:29 PM