LASIK malpractice Lawsuits
If you’re considering LASIK, you might want to find out if the surgeon has been sued for medical malpractice. Some counties have online databases of civil court cases. If the surgeon practices in a county that does not have online records, a trip to the county courthouse may be the only way to determine if there are current or past lawsuits against the surgeon. You should also check with your state medical board for disciplinary action against the surgeon. Unfortunately, even if the surgeon appears to have a clean record, there’s no guarantee that you’ll have a good outcome.
Lawsuit against national chain of lasik centers
Examples of Lawsuits
$440,000 Verdict
On May 10, 2013, a jury in Colorado, returned a verdict of $440,000 against 20/20 Institute, LLC (“20/20 Institute”) for LASIK surgery negligence. Scott Czarniak had surgery at 20/20 Institute where its laser technician entered the wrong surgical treatment plan into the laser leaving the patient with a permanent partial visual disability due to problems with his quality of vision, including blur, glare, halos, diminished night vision, and loss of contrast sensitivity.
$4.5M Verdict
On August 12, 2011, a judgment in the amount of $4,520,299.58 was entered against LASIK surgeon, Kevin Niksarli, M.D., and his professional corporation, Newsight Laser Center, PLLC.
$5.6M Verdict
On June 10, 2009, a jury in New York City returned a verdict of nearly $5.6 million against Kevin Niksarli, M.D., for LASIK malpractice. The verdict consisted of an award of $2,360,000 for the patient’s loss of income; $3,100,000 for the patient’s pain and suffering, including loss of life’s enjoyment; and $120,000 for the patient’s wife’s claim for loss of her husband’s services and consortium. This is the second largest verdict ever for LASIK malpractice.
Need an Attorney?
If you experienced complications from LASIK and are considering suing your surgeon, you will need an attorney. Before an attorney will take your case you will need evidence that malpractice occurred. You’ll also need an expert witness, typically another LASIK surgeon, willing to testify on your behalf. Malpractice is not always black and white. Just the fact that you experienced complications does not prove malpractice. You must show that the doctor failed to obtain informed consent, meaning you weren’t properly informed of the risks, or that the surgeon fell below the standard of care. If the surgeon engaged in deceptive advertising, you might have a case based on misleading information. You’ll also have to prove that you suffered damages. If your case is strong, you should be able to find an attorney who will take your case on a contingency basis, deferring all costs and fees until you receive an award or settlement. A lawsuit can drag on for years while the defense tries to wear you down. In the end, some malpractice victims find that the legal system is as broken and unjust as the LASIK industry. But some patients do find justice in the courts. Prevailing in a lawsuit will not restore your vision, but hopefully it will cover your medical expenses, help you financially to carry on with your life, and give you a sense of closure.
