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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
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New York City Medical Malpractice Law Blog

What Constitutes LASIK Malpractice?

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Medical Malpractice on Thursday, June 30, 2016.

According to the Food and Drug Administration (FDA), about 600,000 LASIK vision correction procedures are performed every year in the United States. If you look at the information provided by the American Society of Cataract and Refractive Surgery, LASIK eye surgery has an impressive success rate and 96% of patients achieve 20/20 vision or better after undergoing this type of surgery.

According to the Food and Drug Administration (FDA), about 600,000 LASIK vision correction procedures are performed every year in the United States. If you look at the information provided by the American Society of Cataract and Refractive Surgery, LASIK eye surgery has an impressive success rate and 96% of patients achieve 20/20 vision or better after undergoing this type of surgery.

LASIK eye surgery results have continued to improve since it was first approved by the FDA and is one of the most popular elective performed today.

Risks Factors and Limitations of LASIK Eye Surgery

While it is a popular and successful eye surgery, the fact is that not everyone is suitable to undergo the LASIK procedure. Certain anatomical factors and conditions limit optimal results, or increase your risk of an undesirable outcome, including:

  • Corneas that are too irregular or thin
  • Pupils that are too large
  • Unstable vision
  • High refractive error
  • Dry eyes
  • Pregnancy
  • Age
  • Certain active autoimmune or certain degenerative disorders

Side Effects and Complications

Like other types of surgery, there are side effects and complications that can arise when LASIK is performed. These include:

  • Vision disturbances and temporary discomfort
  • Flap complications which in turn can cause problems such as:
    • Irregular astigmatism
    • Diffuse lamellar keratitis (DLK)
    • Epithelial ingrowth
    • Keratectasia or keratoconus
  • Significant overcorrection, undercorrection, or regression
  • Dry eyes after LASIK
  • Eye infection

LASIK Malpractice

In case of LASIK surgery cases, it can only be legally called medical malpractice if a doctor or surgeon fails to render the accepted standard of care to the patient and that failure results in injury to the patient. Injuries rarely occur from the procedure itself - the real danger comes when doctors or surgeons fail to properly identify preexisting conditions in the patients that make it too risky to perform the procedure.

Keratoconus is one of the most common conditions that make it difficult to perform a successful LASIK eye surgery. A large number of other corneal defects contraindicate the use of this surgery. It is when doctors make errors in pre-surgical screening for those corneal defects that a LASIK case could become a case of LASIK malpractice.

It is important to contact an attorney immediately to review your medical records and determine if you have a basis to file a claim against the negligent party i.e. your doctor or surgeon, or the hospital. If the damage done to your vision is severe, or even moderate, you can receive large compensation amounts. A LSIK malpractice case can carry punitive damages and strict penalties if the defendants found guilty of medical negligence.

A Law Firm that is King of the Urban Jungle

If you or a loved one has suffered vision damage due to LASIK malpractice, you should immediately seek the help of a skilled and experienced medical malpractice attorney at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 1-866-516-5887.

The first meeting is free. Give us a call. We know how to win cases. What is your side of the story? We are not paid until you are paid since we take nothing up front. It is like you never pay us. We only take a percentage of the final verdict or if we agree to settle. We will never settle without your authorization.

RMFW Law knows how to target the other side's weaknesses. Give us a call. Let's build a winning case for you.

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Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

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