LASIK Malpractice

LASIK Malpractice: When Eye Surgery Goes Wrong
LASIK eye surgery is one of today’s most popular elective surgical procedures. With millions choosing to go without glasses each year, it is becoming more popular. Unfortunately, this relatively new procedure has caused lasting injury to some patients due to the negligence and malpractice of LASIK surgeons and laser facilities.

Additional information about LASIK malpractice:

What is LASIK?
Developed in 1990 by two Greek doctors, LASIK (Laser-Assisted in Situ Keratomileusis) is a surgical procedure in which a flap is cut in the corneal tissue of the eye before a laser is used to correct visual conditions ranging from astigmatism to hyperopia and myopia. Most LASIK complications subside within a few weeks of surgery, but some patients have experienced long-term complications ranging from blurry vision, dry eyes to astigmatism, macular holes, light sensitivity, pain and even blindness. Some surgeons report a complication rate as low as one percent, but a more realistic estimate is much higher.

What is malpractice?
A legitimate malpractice claim arises from a doctor or surgeon’s failure to use a proper standard of care, resulting in injury to the patient. Rarely do we receive calls about cases where the surgeon made a bad cut or erred during the surgery. The real skill is required in the pre-surgical screening. Most of our cases involve “contraindications,” or conditions for which the surgery never should have been performed. Keratoconus, or a cone-shaped cornea, is one such condition. Thin corneas, or residual stromal beds of less than 250 microns, are another type of claim we handle. In another case, the surgeon failed to calibrate the laser, resulting in “central islands,” another man-made corneal defect.

In addition to the defendants’ mistakes, we must assess your resulting damages. Given the substantial investment of time and money required to litigate a LASIK claim, we are only interested in serious cases that involve permanent injuries. If corrective surgery, or what the LASIK industry euphemistically calls an “enhancement,” can safely and effectively resolve your difficulties, we will not likely be interested. Many of our clients have clear cases of liability, and injuries that leave them legally blind (20/200 or worse) with uncorrected vision. Many also require or are candidates for corneal grafts or transplants. Unlike LASIK surgery, a corneal transplant is a major operation which carries substantial short-term, intermediate and long-term risks.

Some of our clients cannot work as a result of their serious visual disabilities and most of othem continue to drive, but do so out of necessity. Those who can drive experience particular difficulty at night.

Do I have a LASIK malpractice case?
Based upon our review of your medical records, we will represent you if the liability is clear and your damages are substantial. Damages include pain and suffering, including poor-quality vision and its related loss of life’s enjoyment; loss of income; and medical expenses. We have also had success, rarely matched by others, pleading punitive damages for gross negligence and the unlicensed practice of medicine.

Many of our potential clients underestimate the value of their visual disability. While some states have caps on the amount you may recover, aside from the multi-million verdict that we obtained in the Speaker, it is our belief, informed by the success of other attorneys as well, that LASIK injury cases are worth at least several hundreds of thousands of dollars, if not millions, depending on the extent of the disability, and assuming of course that you can prove liability.

Please contact the Law Office of Todd J. Krouner, P.C. at (914) 238-5800 or for a free, comprehensive and confidential consultation and evaluation of your claim.