If you have undergone cataract surgery and your doctor made a mistake, you have several different options. Often, your best option is to consider filing a personal injury lawsuit for medical malpractice against your doctor so you can recover the damages due to you under the law.
Botched Cataract Surgery and Medical Malpractice
If your doctor made a mistake when performing your cataract surgery, you have a potential case for medical malpractice. To be able to make a medical malpractice claim, however, you will need to be able to prove:
- That your doctor's negligence caused the mistake
- That your doctor provided a level of care and expertise in performing your surgery below that which a reasonable doctor in the same field or specialty would have provided
- That your doctor's negligence or insufficient care was a direct cause of injury
- That you actually suffered injury
Potential Damages
If you can prove these elements of a medical malpractice claim, then you are entitled under the law to recover damages including:
- Lost wages
- Medical bills
- Pain and suffering
- Emotional distress
However, some states will limit your right to recover. For example, California limits non-compensatory damages to $250,000 maximum. This means that while you can get back the full amount of actual money you lost, your compensation for things such as pain and suffering has an upper limit.
Your Options after Cataract Surgery Goes Wrong
You have several main options after cataract surgery goes wrong:
- You could settle with your doctor's malpractice insurance company before filing a lawsuit. If the doctor lets his insurance carrier know he screwed up, they may offer you a settlement before you even sue. Before you accept, though, make sure the settlement is fair and that you are getting all that you are entitled to.
- You could file a lawsuit and then settle out of court. Once you have filed suit, most insurance companies will make you an offer since they don't necessarily want the jury to decide their fate. Again, make sure the offer is fair- if you settle, you release the company of all liability.
- You could file a lawsuit and allow the case to go to a jury to decide. The jury will decide both whether the defendant was negligent and how much you are entitled to in damages under the law. This can be the riskiest option, since you may get nothing, but it can also afford you the largest damage recovery.
Getting Help
If you have had a cataract surgery that went wrong, consult with an experienced medical malpractice attorney as soon as possible. Your attorney can explain your options and help you choose the best course of action in light of your particular situation.
