According to numbers from the LASIK industry, more than 4 million patients have had the procedure. Of those, the industry claims that less than 1% will have an unfavorable result. We believe the incidence of bad results is much higher. But what should you do if you are one of the more than 40,000 Americans who paid thousands of dollars to acquire a visual disability? Contact us.
In 2005, Todd J. Krouner obtained a record verdict of $7.25 million in Schiffer v. Speaker. We know the medicine. We know the law. We know the experts.
Post-LASIK ectasia causes a variety of visual impairments including double vision, ghosting, halos, blurring, star-bursting, photosensitivity and difficulty with night vision. Poor visual quality may be compounded by poor visual quality. A recent study in the Journal of the American Academy of Ophthalmology indicates that the overwhelming majority of such cases were avoidable. They were caused by either a doctor’s failure to screen patients properly, such as misreading the patient’s pre-operative tests, including color corneal topographies, or cutting the patient’s cornea too thin. In our experience, such cases constitute presumptive evidence of LASIK malpractice on the part of the doctor and/or the LASIK facility.
Of course, no case can be evaluated without a studied review of your medical records including color copies of color tests. You have an absolute right to your medical records. While some doctors will play games, we can help. In one of our cases recently, the Court struck the answer of a defendant when he claimed he lost the patient’s pre-operative topography.
As experienced as we are as LASIK injury attorneys, your case needs to be reviewed by a competent eye doctor. Due to the “conspiracy of silence” among doctors in general, and corneal specialists or refractive surgeons in particular, in the Schiffer case, the Court granted us an order of protection to guard the identity of our expert. Ultimately, we retained a LASIK specialist from South Africa because of the difficulty we had getting an American doctor to testify against the powerful defendants in that case. Despite the vicious retaliation to which the LASIK specialist was subjected, we have access to outstanding experts in the United States who can review your case, and who are willing to testify, if they believe your case has medical merit.
Given the complexity of each LASIK malpractice case, it’s extremely important that you hire an attorney with an established track record, experience litigating malpractice and visual malpractice-related lawsuits, and a good reputation within the community. Just call (914) 238-5800 or click on the “contact us” form on this page for more information on whether you have a LASIK malpractice case that could result in compensation for your injuries.