Anyone have experience suing doctors? | GTAMotorcycle.com

Anyone have experience suing doctors?

油井緋色

油井緋色

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I'm not one for suing doctors but long story short my fiancee had laser eye surgery and it went to complete ****. It's been 2 years and nothing has been fixed.

I know, based on discussions here, that there have been successful cases where the family of someone who signed a death waiver successfully sued xyz. I believe my fiancee signed her rights away prior to the operation, but there has got to be a hole somewhere because it was their job to figure out whether or not she was a candidate.

I'm leaving the details vague as I know it isn't a good idea to put vivid details online for this stuff lol

Thank you riders.
 
A waiver was signed.If enough money is thrown at a lawyer,there "may" be a positive outcome.

Are we Canadians becoming like our neighbours down south? Sue em!
 
Do you have photos of before and after?
was this a Radial Keratotomy procedure?
and really isn't it a question of, what if anything can now be done to improve her vision?
 
IMO waivers cover normal risks. A skiing waiver would probably negate compensation from bumping into some straw bales in front of an obstacle. If someone was impaled by a pitchfork left in the bales it would be a different matter.

Re surgery the first thing to establish is what went wrong. Every operation has a risk factor and let's say the risk of serious complications is one in a thousand. As long as the proper procedures were followed and the percentages are OK it could be a hard fight. If on the other hand you found out that someone used an improper procedure you would have a better chance.

You know the outcome of the operation so now it's how did she go from needed a focus fix to having this problem.

Part 2 is can it be fixed or is it compensation to cover her problems for the rest of her life?

The mechanics of the law suit probably isn't all that different than suing a garage over a tire issue. The difficulty is that medicine is far more complex and they speak in Latin. Tires are cheap and readily available.

Are we becoming suit crazy? I don't think so. We're not talking about a $200 tire. It may be a lifestyle issue for the rest of someone's life. Some jobs require binocular vision.

Waivers are tricky beasts. The company I was with decades ago got involved with them because they ended up paying a hefty bill on a repeat repair. They had a lawyer write up a blunt as a baseball bat waiver to cover a very rare occurrence. We could not verbally soften the waiver by saying "It's only a formality the odds are so good blah blah blah." Would your fiance have gone ahead with the surgery it they came out and said "This could leave you blind".

There are lawyers that specialize in medical lawsuits. I don't know how you find one that will give you an accurate appraisal of the situation.
 
Is all immaterial unless you can find a smarter doctor.
 
Is it still possible for the issue to be fixed?

A better doctor may be unwilling to risk taking on a client that's in the middle of a lawsuit with the previous doctor.
 
Baggsy said:
A better doctor may be unwilling to risk taking on a client that's in the middle of a lawsuit with the previous doctor.
Click to expand...

Good catch. Litigation is a pain and unless it's your business (Lawyer) it is very disruptive to your normal occupation. Part of the legal system is borderline harassment.
 
Doctors also pay up the ying yang for insurance and have a veritable army of legal assistance for malpractice suits. You better be sure you have a watertight case if you go ahead.
 
You can. First step is to find another doctor with similar specialization to say that treatment/surgery was wrong. I don't think any of us are eye surgeon here. Then second step is to find a lawyer to get you in action. My gut feeling is it won't be successful. if the treatment didn't work then it's unfortunate not all treatment works. if the treatment causes permanent damage like complete permanent blindness then its another story, she might be compensated.
 
Keep in mind a doctor can say another doctor is not as good or he wouldn't do that and that he would do things better. But would this doctor go to court and testify and back you up... probably not!
 
As nobbie48 says, there are lawyers who specialize in medical cases/lawsuits.
Put your energy into finding one who has a winning track record.
Let them advise you on how to proceed.


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Robbo said:
As nobbie48 says, there are lawyers who specialize in medical cases/lawsuits.
Put your energy into finding one who has a winning track record.
Let them advise you on how to proceed.


Sent from my iPhone using Tapatalk
Click to expand...

+1

A good reputable lawyer will let you know if there is a case and if it is something worth pursuing. Now finding a reputable lawyer is another thing...
 
Well, I think we're up ***** creek for this one. For the sake of saving others from getting ****** like my fiancee did, I'll share the story.

A lot of people rave about how great laser eye surgery is (LASIK, PRK, whatever), and I totally agree with those people with one very strong caveat: if it works.

My fiancee got laser eye surgery 3 years ago from Bochner, one of the most reputable clinics in Canada. I made sure to help her follow recovery instructions to the T. Problem is that she never fully recovered. She has permanent dry eyes. Every morning when she wakes up I have to help put eye drops into her before she fully opens her eyes; if she opens them too fast she will tear some of her eye. This has happened countless times (how many of you worry about opening your eyes in the morning? I don't!) and will result in a visit to Bochner, or she will have extreme pain when blinking for a few days (along with red eyes + tears).

She's been putting salt drops in her eyes, at the instructions of the ophthalmologist who operated on her, every ******* day for over 2 years. She can't drive at night due to astigmatism induced by the surgery, and her eye sight isn't perfect; an optician has recommended she wear glasses. She's had 2 touch up surgeries that have failed to correct this.

I decided to ask a friend who recently became an ophthalmologist and she told me explicitly she would never laser eye surgery because the screening process is flawed.

When my fiancee went in for surgery, they told her to sign a bunch of sheets. On those sheets had warnings of dry eyes...in tiny ******* font that no one pointed out and we regretfully didn't notice until AFTER the above happened. No one mentioned the possible side effects during the screening process, talking to the doctor, or during the surgery. As a result my fiancee is probably going to live with this **** for the rest of her life. While I'm willing to take responsibility for not doing due diligence, it still rubs me the wrong way that my fiancee has to live like this forever.

I was originally going to get PRK because my eyes are -9/-9 + astigmatism, but after seeing what happened to my fiancee I am not risking it. The way I see it is it was up to the service providers to determine whether or not my fiancee was a candidate for the procedure; she clearly wasn't and there is no way to undo this ****.

Hope none of you have a similar story or know anyone like this.
 
So I had cataract surgery in Jan and Feb.
My left eye came out pretty good, I'm down to a -.75 for astigmatism. But my right eye, the lens shifted during healing, and now it's around a -2.00.
They were going to do a lens shift surgery, but have decided to do a PRK instead.
I was warned of the dry eye issue and I am on a steady dose of artificial tears atm.
My surgery is next month, and this isn't the best time for me to see this post.

As far as her situation, Bochner is one of the best. Not one of the mall type drs.
I'm thinking that she may have been that ~5% that they tell you will have issues.
I would definitely see what a surgeon says.
I'm happy with mine and can send you info if you dm me (cause no way I can spell your username)

I would guess that the lawsuit would be a bust, though.
I think the better thing is to keep working on a solution.
FYI I had a laser relaxing procedure done as well to reduce the astigmatism.

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They claim you can laser hemmaroids. If I wont let them aim a laser beam up my butt I'm sure not letting them point it into my eyeball.
 
crankcall said:
They claim you can laser hemmaroids. If I wont let them aim a laser beam up my butt I'm sure not letting them point it into my eyeball.
Click to expand...
In order of procedures:
16 injections into my right eye to battle AMD
Strap, laser and bubble to repair detached retina, left eye
Laser sliced and diced my eyes to correct astigmatism while having lenses inserted to repair cataracts

Upcoming: PRK

Hated every single surgery.
Should have never sang that song in grade school aftet I actually did lie.



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Cataract and RK are completely different procedures. Personally I would never pursue RK because it will at the very least complicate cataract surgery that I am statistically likely to need in the not too distant future.
Eye surgery is part technology, part skill, part art and part luck not necessarily in that order.

... omg man you must be almost blind. ?interesting light shows during night driving much?
 
Had someone do the laser surgery a long while ago. They need glasses again, so maybe a bit over a decade without. Not worth it in my view. Lots of pairs of glasses could have been bought for the cost. Plus don't want to put my vision at any risk if I don't have to, so I never pursued laser for myself.
 
Joe Bass said:
So I had cataract surgery in Jan and Feb.
My left eye came out pretty good, I'm down to a -.75 for astigmatism. But my right eye, the lens shifted during healing, and now it's around a -2.00.
They were going to do a lens shift surgery, but have decided to do a PRK instead.
I was warned of the dry eye issue and I am on a steady dose of artificial tears atm.
My surgery is next month, and this isn't the best time for me to see this post.

As far as her situation, Bochner is one of the best. Not one of the mall type drs.
I'm thinking that she may have been that ~5% that they tell you will have issues.
I would definitely see what a surgeon says.
I'm happy with mine and can send you info if you dm me (cause no way I can spell your username)

I would guess that the lawsuit would be a bust, though.
I think the better thing is to keep working on a solution.
FYI I had a laser relaxing procedure done as well to reduce the astigmatism.

Sent from my purple G4 using Tapatalk
Click to expand...

Do I read this right? One chance in 20 of serious after effects.
 
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