LASIK Lawsuits - Patients and their lawyers take aim.

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Lawsuits Against Patients Backfire on Litigious Surgeons

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Study identifies risk factors for refractive surgery malpractice lawsuits and claims

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Refractive Surgical Volume Boosts Legal Risk

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'Many people have had Lasik treatment, but there's little information about how many suffer complications or damage to their eye as a result.'

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Jury awards man $3 million

MALPRACTICE: The man had sued Northern Refractive Surgery Center for
the care and treatment he received.

BY MARK STODGHILL

NEWS TRIBUNE STAFF WRITER

A St. Louis County jury determined that Northern Refractive Surgery Center was negligent in its care and treatment of a Duluth man and awarded him more than $3 million in damages.

Informed Consent almost always offers you absolutely NO PROTECTION!  This is to protect the doctors from lawsuits.  Most of the risks may be spelled out, and even though the doctor(s) may tell you "there shouldn't be anything to worry about", there's ALWAYS SOMETHING TO WORRY ABOUT!  You never know what COULD happen, and once you sign the informed consent, that's it!

Letter printed in the J Cataract Refract Surg, Vol. 26, October 2000

 

The editorial by a journal editor was overdue. I consider it particularly appropriate that simultaneous bilateral laser in situ keratomileusis (LASIK) is subjected to serious questioning. One can only marvel at the naive trust by patients in modern medicine and in their surgeons and the similarly naive convictions of surgeons that simultaneous bilateral LASIK is what the patients need.

It is not purely a safety issue; simultaneous bilateral surgery violates the principles of informed consent. Nobody can deny that experience with the first eye will render the patient better informed for consenting to the procedure being performed on the second eye. Simultaneous bilateral surgery deprives the patient of the possibility of gaining a better refracative outcome in the second eye and of judging the visual benefit of the surgery by comparing the operated eye +/- residual spectacle or contact lens correction with the corrected unoperated eye. Finally, simultaneous bilateral LASIK preempts a possible decision by the patient to choose another type of refractive surgery for his/her second eye, such as photorefractive keratectomy, intracorneal ring segments, or a phakic intraocular lens, or to postpone surgery on the second eye until better procedures become available if the result of LASIK on the first eye proves unsatisfactory. He/she may not have to wait very long.

Klaus D. Teichmann, MD

Most states have a 2-year statute from the time of incident to file a lawsuit. As laws vary by state, any lawyer in your state should be able to tell you the timeframe you have.

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Intacs and other IOL’s, recently approved by the FDA are not without its problems either. Doctors who have vested interests in these companies have made millions from LASIK.

More on INTACS...

FDA Warning

FDA Minutes

More on STAAR #1

More on STAAR #2

If you've been damaged, and are seeking legal recourse for those damages, you may be quite surprised, and overwhelmed...

Each case is different. From simple to complex (as was mine), and depending on the courts, facts may necessarily mean nothing. They are easily dismissable depending on the judge's understanding, and you can still be left with no case.

To give you a better understanding, my case as an example:

In 2000 I filed a med mal lawsuit. I believed at the time because so much of my case was dismissed, that the courts didn't want to handle this case because it was so complex. It was also my understanding arbitration was the more feasible route to go.

I lost the arbitration! Again, I believe because of the complexity of the case, and the lack of understanding of facts. Facts the courts, and the arbitrator didn't want to understand.

So who's been sued?


Go to just about every LASIK website and read the testimonials from people who are "happy and content" with their "great LASIK experience". What you won't find or hear about are the procedures that went wrong, or the number of lawsuits:

Major LASIK chains LVI, TLC (and doctors associated with). There are MANY names to add (listed below are a few), Your best bet would be to check your with local or federal courts, or websites such as:


 

Disclaimer: I do not purport the doctors named to be unsavory, unscrupulous, or otherwise. It is not my intention to slander, defame, cause libel, or otherwise. Doctors are people...PEOPLE ARE NOT PERFECT.

As Angry Patients Vent Online, Doctors Sue to Silence Them

By DAVID KESMODEL

THE WALL STREET JOURNAL ONLINE - September 14, 2005

Doctors have long accepted that their patients share opinions about the care they have received, knowing that satisfied patients will refer others while those not so happy with their bedside manner might encourage prospective customers to seek treatment elsewhere. But when William Boothe, an ophthalmologist in Texas, saw that one disgruntled former patient was posting his complaints on the Internet, he launched an aggressive response. He sued for libel and other claims, and earlier this year a state judge ordered the material removed from the Web.  (See documents below)

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THOSE WHO HAVE BEEN SILENCED

Brent Hanson, sued by Dr. William Boothe for his LA$IKQUACK.COM website:

BOOTHE v. HANSON - PDF Documents

My case, which can now be posted:

NEVYAS v. MORGAN
"When I wrote a letter to Ocular Surgery News about the unethical arrangement between my surgeon and my optometrist, I received a death threat from someone who didn't want my letter published. I retracted it out of fear that my family could be harmed, which is exactly what that person wanted."  Sandy Kellar - Lasikdisaster.com

OMIC Publication Archives - Refractive Claims Up, Payouts Remain Low

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If you are a lawyer who is interested in handling LASIK litigation cases, and would like to be listed here, please contact me at:

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DO YOU NEED A LAWYER...

Who specializes in LASIK litigation? 

Law Offices of Todd J. Krouner

93 N. Greeley Avenue Suite 100
Chappaqua, New York 10514
tel. 914-769-8700

Temporary Contact Info:
140 Bedford Road
Pleasantville , New York 10570
Tel. No. (914) 769-8700

EMAIL MR. KROUNER
Mr. Krouner's client was awarded the highest settlement in a LASIK lawsuit to date against Dr. Mark Speaker.
Website: www.krounerlaw.com

Law Offices of Robert A. D'Iorio & Associates, PLLC

Robert A. D'Iorio
5335 Wisconsin Ave., NW, Suite 440
Washington, DC  20015 
Phone: (202) 243-0581
Fax: (202) 243-0582
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.dioriofirm.com  or www.dc-lawyer.com

In or around Philly?


Philadelphia's Civil Docket Access system can be found:

Here 

Enter last name of doctor and starting date (at least 5-10 years prior) to search for. (example: enter morgan under last name, and 01-jan-2000, and any cases with the name morgan will show from jan 1, 2000. first names (dom) will narrow the search.)