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Wrong Lens Implant Results in Severely Impacted Vision

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  • 12-13-2011, 02:10 PM
    1ayedjack
    Wrong Lens Implant Results in Severely Impacted Vision
    My question involves medical malpractice in the state of: California

    I underwent cataract removal surgery for my right eye in fall of 2008. The attending surgeon implanted the wrong size lens, permanently impairing my near vision in that eye. This severely impacted my overall eyesight, since my left eye, owing to a previous injury, has only limited peripheral vision. I am a 53 year old Type 1 diabetic, and could not risk an additional surgery to replace the lens, for fear of permanently losing my remaining vision. I make my living as a technician, and have found great difficulty performing my trade, with respect to doing detail work, as well as qualifying for employment, as a result of my impaired eyesight. I signed the requisite release forms prior to the surgery, freeing the surgeon from liability. Please advise me if there is any legal action I may take in this matter.
  • 12-13-2011, 02:22 PM
    Disagreeable
    Re: Wrong Lens Implant Results in Severely Impacted Vision
    Is your vision correctable to 20/20?
  • 12-13-2011, 02:24 PM
    Carry
    Re: Wrong Lens Implant Results in Severely Impacted Vision
    Quote:

    Quoting 1ayedjack
    View Post
    I signed the requisite release forms prior to the surgery, freeing the surgeon from liability. Please advise me if there is any legal action I may take in this matter.

    You can speak to a medical malpractice attorney for free as they almost always are contingency fee based, meaning that they take your case at no cost to you; they only collect if they recover on your behalf.

    I suspect what you signed was not a pre-op waiver of liability, rather just the regular old informed consent forms. Even if you did sign a pre-op waiver of liability, I doubt that it is enforceable in California.

    You can speak to a med mal lawyer for free, so do it.
  • 12-13-2011, 07:34 PM
    Mr. Knowitall
    Re: Wrong Lens Implant Results in Severely Impacted Vision
    It sounds like you've already allowed the statute of limitations to run. You should consult a lawyer ASAP to see if your potential cause of action remains viable.
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