Cataract Eye Surgery Errors and Hospital Liability

Cataracts are caused by a host of factors, including smoking, diabetes, continuous exposure to sun, and more.  Cataract eye surgery involves removing the lens that covers the eye due to its cloudiness or discoloration. There are two common types of procedures, one involves inserting  a vibrating probe into the eye to break the cataract apart and the pieces are removed via suction the second involves removing the entire lens in one piece.  No matter which procedure you undergo, there is room for error by the hospital, which, can result in harm to your eye and more.  However it is important to understand that hospitals are not responsible for good results, just proper care.

Types of Hospital Errors

Various errors can occur in a cataract eye surgery, some which will be deemed to be caused by the surgeon performing the operation.  However, hospital liability can arise in certain situations such as:

• Failure to properly maintain an sterilized equipment
• Failure to diagnose and/or monitor postoperative infections
• Administration of harmful substance in the eye
• Negligence in hiring of hospital staff
• Negligence in supervision hospital staff
• Failure to adequately intubate

Many of the above can cause additional complications such as blindness, loss of vision, and abdominal aortic aneurysms, although rare. 

Hospital Liability

Hospitals can incur liability under simple negligence or medical malpractice.   Under simple negligence if a hospital doesn’t adhere to a reasonable standard of care and failure of that duty causes harm to a patient, then the hospital will be responsible for damages.  To find a hospital liable under the theory of medical malpractice is a little bit more difficult and will require much more proof.  Under the theory of medical malpractice, which requires that there be some act or omission on the part of the hospital that proximately causes injury to a person and that the act or omission be not within accepted medical standards of care.  This will require expert testimony that the hospital did not these standards. 

Seeking Legal Help

The question of liability due to errors associated with cataract surgery can be complicated to due the various people located in the operating room that could be responsible either individually or jointly.  You will need a well-experienced attorney that is licensed to practice law in your area, to assist you with determining the liable party or parties and obtaining a recovery. Let an attorney walk you through every step of the process to make sure your rights and you are well protected.