LASIK SURGERY ERROR


Cincinnati Medical Malpractice Lawyer and Ohio Hospital Negligence Attorney Represents Injured Plaintiffs Nationwide
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Cincinnati Lasik Malpractice Attorney

Eye enhancement, vision correction and Lasik surgery have become very common procedures in America, and though the treatments can be helpful and successful, the risks of the operations may not be as well-known and publicized and they should be.

Doctors and surgeons tout the benefits of corrective surgery and Lasik procedures but often fail to properly treat or diagnose eye conditions, resulting in severe permanent eye injuries and Lasik Injury Lawsuits.

LASIK and other types of laser eye surgery (PRK and LASEK) may have high success rates, though the potential serious risks to vision may be understated by surgeons and the industry who stands to profit from the popularity of the procedure. Unnecessary Surgery Lawsuits can be filed and patients can seek compensation.

Lasik—laser-assisted in situ keratomileusis—reshapes the cornea, the clear round dome that covers the front of the eye. Lasik surgeons use an ultraviolet laser to reduce the curvature of the cornea for people who are nearsighted, and to accent it for people who are farsighted.

The procedure, which costs about $4,100 on average, is not covered by most health insurance plans because it is considered a cosmetic procedure. Lasik operations are designed to treat myopia (nearsightedness), hyperopia (farsightedness) and astigmatism. Most patients seek the procedure in order to live without the nuisance of glasses or contacts.

But serious complications associated with Lasik surgery should make consumers question whether or not they should follow through with the procedure. As early as 2014, officials at the U.S. Food and Drug Administration (FDA) warned that safety studies were at best inconclusive, and stated that “disabling symptoms may occur in a significant number of patients.”

The cited study reported that almost half of subjects who were symptom-free before LASIK reported visual symptoms like halos, starbursts, glare, and ghosting after LASIK surgery. Almost 30 percent of patients with no symptoms of dry eyes before LASIK developed dry eye symptoms after LASIK.

Joe Lyon is an experienced Cincinnati, Ohio personal injury and product liability attorney representing individuals nationwide in defective medical device and Lasik Injury cases.


The Dangers of Lasik Surgery


Lasik surgery is commonly marketed as an easy vision fix: a quick and painless way to correct myopia, or nearsightedness. But laser eye surgery and Lasik errors can lead to severe vision problems, and permanent injury including vision loss and total blindness.

More patients have had post-op issues than people realize, and up to half of all Lasik patients complain of blurred vision, burning eyes and vision problems following surgery.

Some claim they are much worse off after surgery and regret the operation. As such, hundreds of unnecessary surgery claims and Lasik negligence lawsuits have been filed in Cincinnati and throughout Ohio following failed surgeries.


Ohio Lasik Injuries & Complications


Just because an improvement in vision is likely doesn’t mean that consumers should take unnecessary chances with their eye health. Although Lasik vision enhancement surgery may be marketed as safe and virtually risk-free, a number of side effects and complications and Lasik injuries have been reported, including:

  • Chronic Dry Eyes—a decrease in tear production can cause eye discomfort and blurred vision. Many patients say the term “Dry Eyes” is a misnomer that does not properly describe the severe eye pain they experience years after surgery.
  • Blurred vision
  • Eye irritation
  • Light sensitivity
  • Halos, Glare and starbursts in low-light environments
  • Reduced sharpness of vision
  • Corneal flap complications—LASIK flap adhering improperly to the eye’s surface, causing optical aberrations and distorted vision. According to the American Journal of Ophthalmology, flap complications occur in up to 5 percent of LASIK procedures.
  • Irregular astigmatism—can occur from laser correction surgery during irregular healing. Resulting symptoms may include double vision, and the eye may require revision surgery.
  • Epithelial ingrowth—cells from the outer layer of the cornea (epithelium) grow under the flap after LASIK surgery. Discomfort and blurred vision can occur.
  • Diffuse lamellar keratitis (DLK)—Inflammation under the LASIK flap that may discourage healing and cause vision loss.
  • Keratectasia—bulging of the eye’s surface when too much tissue is removed from the cornea during LASIK.
  • Undercorrection & overcorrection—success depends on your eye’s healing response, and perhaps the visual outcome will be less than desired.
  • Eye infection
  • Neuropathic eye pain

Lasik Surgery Safety


Recent studies suggest Lasik patients may be at increased risk for long-term eye complications, including possibly requiring earlier cataract surgery and developing a serious vision-threatening conditions. Lasik can also interfere with the detection of glaucoma, which can lead to blindness if left untreated.

Ophthalmologists have admitted that Lasik surgery can sever tiny corneal nerves, thins the cornea and makes it weaker, and permanently alters the shape of the eye. Some people may lose contrast sensitivity.

Not everyone is a suitable candidate for LASIK eye surgery. Certain risk factors for Lasik injuries or an undesirable outcome include:

  • Thin or irregular corneas
  • Large pupils
  • High refractive error
  • Unstable vision
  • Dry eyes
  • Advanced age
  • Pregnancy
  • Active autoimmune disorders

Types of Ohio Lasik Malpractice


  • Improper Procedure Performed
  • Operation on unsuitable candidates
  • Misdiagnosis of Eye Condition
  • Post-operative Infection
  • Wrong Surgical Treatment Plan
  • Technician Error
  • Unnecessary revision surgeries

When doctors or medical specialists make a mistake during Lasik treatment, patients may be left with permanent visual disabilities, including blurs, glares, halos, diminished night vision, and loss of contrast sensitivity. Chronic dry eye syndrome and severe irritation are also common following Lasik surgery.


Legal Action Following Ohio Lasik Injuries


Roughly 9.5 million Americans have had laser eye surgery, yet some patients are never consulted or warned that they could sustain permanent damage following Lasik surgery. Complications are not uncommon, however, and many questions remain about the long-term risks, Lasik injuries and complications.

A lack of information about complications and injury is a problem with many medical devices and procedures. Attorneys have argued that patients undergoing Lasik surgery should be adequately warned about the possibility of developing new visual symptoms after surgery before undergoing the procedure.

Every time you operate and cut into tissue, you damage nerves. That in itself is a serious risk, as the cornea is sensitive to nerve damage. Studies have found that between 20 and 55 percent of Lasik patients have persistent dry eyes.

Experts and product liability attorneys contend that Lasik should be held to a higher safety standard. Even if a small percentage of consumers are at risk for Lasik injuries in Ohio, that still represents thousands of injured patients.

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A Voice for Those who have suffered 

Why are these cases important?

 When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties. Medical malpractice lawsuits improve the quality of healthcare by holding physicians and hospitals responsible when they fall below a professional standard of care. 

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Questions about Medical Malpractice

What is a Medical Malpractice Lawsuit?

Hospitals, medical staff, nurses and doctors are responsible for providing proper patient care. When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties.

Without medical malpractice laws, medical mistakes would go without consequence, patients would be uncompensated for preventable injuries, and medical providers would have less incentive to improve the medical system to prevent future injuries.

Despite the reports discussed above, frivolous claims brought by medical malpractice attorneys and runaway juries have been blamed as causing a medical crisis. There is no medical malpractice crisis, it is simply propaganda created by the U.S. Chamber of Commerce and large insurance companies to pollute the American jury pool and change the law in a manner that is favorable to them and adverse to the average American. And sadly, it has worked.

Currently, 90 percent of juries side with the physician over the patient at trial. As a result, insurance companies are bolder than ever and refuse at times to settle even the most meritorious of cases knowing that the chances of the patient finding a fair and impartial jury is extremely low, especially in more conservative parties of the country such as Hamilton County, Ohio.

What is a “Never Event” in Hospital Care ?

The Deficit Reduction Act of 2005 required that conditions be identified that (a) are costly and occur at high rates, (b) are assigned as cases to the Diagnosis-Related Group, and (c) could have ultimately been prevented with appropriate care. These hospital-acquired conditions occur as negligence on the part of hospital staff and often result in a multitude of medical malpractice lawsuits.

Conditions that meet the three requirements for identification:

What if a hospital makes me an offer directly?

Many hospitals and physicians are taking proactive approaches to resolve viable medical malpractice claims by approaching patients who do not have legal counsel. The “family meeting” presentation will include deterring patients from seeking legal counsel. This is a very concerning development in the course of medical liability and risk management.

We strongly advise patients not to engage in “family meeting” settlement negotiations without an experienced Cincinnati medical malpractice lawyer present. Hospitals and physicians have lawyers who are specialized in medical malpractice claims advising them on how to approach the case, and it is only fair that the patient is afforded the same benefit of qualified counsel.

The “family meeting” practice of settling hospital negligence cases without an attorney does not benefit the patient in most cases, but almost always benefits the negligent hospital.

Do not be deterred by a hospital representative implying that the case will be compromised if you seek counsel. While attorney fees will need to be paid, those costs should not be a deterrent. The Lyon Firm adopts a lower contingency fee structure and offers hourly rates for cases that can be resolved without litigation.

If the parties wish to resolve the matter, having qualified counsel on both sides is beneficial to the process. The goal should be a settlement where both parties are satisfied, not a case where the hospital pays substantially less than the fair value of the claim.

There are numerous issues that need to be considered before settling a medical malpractice case, and you should know what the fair value of the claim is before accepting a settlement.

The hospital knows the fair value having been involved in other cases. You as the patient should work with counsel who has successfully worked on other cases and can advise on the appropriate risk of future litigation and settlement value.

If a hospital is approaching you or a family member about a settlement without a Cincinnati Medical Malpractice lawyer, please call (800) 513-2403 for a free consultation.

Why hire the Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

 Experience:  Joe Lyon is an experienced Cincinnati Medical Malpractice Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Medical malpractice lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical Negligence, construction accidents, and auto dealership negligence cases.  The cases have involved successfully litigating against some of  the largest companies in the world

Your Right to Safe healthcare

Watch our Video About the Legal Process

A recently published study titled, A New, Evidence-based Estimate of Patient Harms Associated with Hospital Care, estimated that 210,000 hospital patients die each year from medical mistakes that could have been prevented.

This places medical malpractice as the third leading cause of death in the United States after heart disease and cancer. Further, the Office of The Inspector General estimated 180,000 deaths per year are due to medical mistakes. And a Study from Journal of Patient Safety estimated that the number of preventable deaths is between 210,000 and 440,000.

Incredibly, the Wrong Site Surgery Project Study found that national incidence of wrong site surgeries, which includes wrong patient, wrong procedure, wrong site and wrong side surgeries, may be as high as 40 per week. 

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law. 

FAILURE TO DIAGNOSE BOWEL OBSTRUCTION

WRONGFUL DEATH

(Cincinnati, Ohio):  Confidential settlement for a family due to a wrongful death. An emergency room physician failed to recognize the common symptoms associated with bowel obstruction and prescribed a contraindicated medicine of GoLytley.  The patient died at home the day of discharge after taking the medication. The case against the emergency room physician was resolved by settlement following extensive discovery. The settlement was paid to the spouse and surviving adult children for the loss of their mother. While no amount of money could bring back their mother, the case provided answers and held the hospital accountable.

FAILURE TO DIAGNOSE BREAST CANCER

$910,000 Settlement.

(Cincinnati, Ohio):   Joe Lyon was second chair in a case involving the failure of a physician to promptly communicate a positive breast cancer result to a patient. As a result of the delay, the cancer progressed from in situ carcinoma to stage 3B with lymph node involvement. The treatment required mastectomy and radiation/ chemotherapy rather than a simple excision. The case settled after extensive discovery. The defense argued: “the patient should have called the physician.” The settlement provided recovery for suffering through a misdiagnosis and the loss of a spouse and a mother. While the settlement cannot bring this wonderful woman back, it helped her family move forward with life’s challenges and encouraged  future accountability.

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Learn About the Medical Malpractice Legal Process

Video: Investigating Medical Malpractice

The process for investigating a medical malpractice claims involves the following steps: 

  1. Gather a full and informed history from the family addressing their concerns and thoughts on what went wrong; 
  2. Gather the complete medical records including film studies, if any; 
  3. Review of the records and applicable medical literature by attorneys; 
  4. Review of the records by a qualified physician practicing in the relevant areas on standard of care and causation; 
  5. Final consultation with expert to review opinions;
  6. Signing of Affidavit of Merit by the Expert before case filing, for cases where medical malpractice is identified. 

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