March 17, 2015

Question

Good afternoon, my friend recently went in for LASIK eye surgery. He paid 4000 for the surgery was approved for it and during the first eye the doctor cut the eye and had to stop the surgery. Now he is classified as very risky for the surgery again I believe a .3% chance of success and has the option to do a much riskier surgery instead he had to use special eye drops 15 times a day were a corrective lens for the cut and can't wear contacts for 3 months limit his electronics and hasn't received a refund. Is there anything he can do to right this wrong or is he just out of the money? He signed a bunch of liability papers saying if anything goes wrong nothing can be done and he can't sue but I feel horrible for him and wanted to reach out and see if anything could be done! Thank you

Answer

You cannot "consent" to negligent treatment, so if this was a procedure aborted due to incorrect settings entered by a technician, improper pre-operative testing, or some other negligence, resulting in an untreatable corneal laceration, with resulting vision impairment, it sounds like a case to me.... My advice would be to find a good lawyer. If you can, get a copy of your records beforehand.


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