Los Angeles Cataract Surgery Malpractice Lawyer

More than 3 million people in the U.S. rely on cataract surgery every year to improve their vision. This is a type of eye surgery where the cloudy lens in the eye is replaced with an artificial lens. Overall, the surgery has a very high success rate, but there are incidents of people that end up with vision problems, infections, and even blindness. As a result, the patient faces the ultimate irony of having even worse vision than they did before the surgery. They may also have severe complications that require lifetime treatment, adding to their financial woes and psychological trauma.

Sadly, a lot of these involve negligence by the surgeon and other staff members that are involved in caring for the patient. There are many protocols and regulations that govern patient safety before, during, and after an eye surgery procedure. When there is a failure to follow these standards and the patient suffers one or more injuries, the healthcare provider may be sued under the medical malpractice laws in California.

Are Cataract Surgeries Dangerous?

First and foremost, we want to stress that any surgery has inherent risks, which your doctor should have explained to you. However, a professional standard of care is needed to minimize the risk of errors, and therefore, damage to the patient. At hospitals and other medical facilities, there are many issues that can lead to a botched cataract surgery. Breakdowns in communication, using the wrong lens, and operating on the wrong eye are just some of the circumstances that constitute cataract surgery malpractice.

It’s believed that around 98% of cataract surgeries are successful, so it’s fair to say that the procedure is relatively safe. But the remaining 2% still translates to around 15,000 individuals who suffer needlessly, and most of these incidents arise from careless or reckless conduct by medical professionals. Of course, the patient also has to do their part, like being honest about pre-existing eye conditions like glaucoma or diabetic retinopathy. It’s also up to the patient to choose an experienced eye surgeon with a solid reputation, which they can do with help from their optometrist.

There is no denying that even if the patient takes all these precautions, they can still be harmed by medical malpractice. A doctor’s failure to provide adequate treatment and care can form the basis of a lawsuit and financial restitution for the patient and their loved ones.

Help from a Eye Surgery Malpractice Lawyer

Medical malpractice is one of many areas that fall under personal injury law. Within this category, you have various types of healthcare malpractice, including negligent or reckless conduct concerning a surgical procedure. It can be hard to distinguish what counts as malpractice by a doctor, as it’s possible for even the most careful and experienced doctors to make mistakes. There are many elements that must be investigated in order to prove that a doctor ultimately failed in their duty or care. This is why help from a skilled medical malpractice lawyer is essential if you are left with complications following a cataract surgery.

Kenmore Law Group works hand in hand with medical experts throughout the country, and we know what it takes to prove that a patient was harmed by negligence of a healthcare provider. Whether you have impaired vision or lost a family member, we can help you obtain compensation and ensure that the wrongdoer does not go unpunished.

Financial Compensation for the Victim

Your settlement from a medical malpractice lawsuit is meant to cover monetary losses you sustained because the medical provider failed to exercise reasonable care while they were treating you. A malpractice claim against the liable entities can result in various economic and non-economic payments. Economic damages are easier to calculate, as they have to with direct, tangible losses to your finances. For example, your medical costs related to malpractice by a surgeon would fall under this category.

Non-economic damages, on the other hand, refer to the patient’s physical and emotional suffering. What is the cost of losing the ability to see normally and go for a drive, take care of your children, earn a living, and do many things you once took for granted? What is appropriate compensation for long-term complications with debilitating effects, ones that may not get better regardless of continued treatment? Putting a value on the intangible effects of cataract surgery malpractice requires help from an experienced attorney.

Aside from helping you figure out the right amount to ask for, your lawyer can fight to get you the best possible settlement. Insurance companies have lots of tactics to mislead and trick victims into low payments, and this is why protection from a legal representative is so important.

Settlement Values for Eye Surgery Malpractice Claims

On average, medical malpractice claims for unnecessary cataract extraction or botched cataract surgeries have the following values in California:

• Minor injury claims – $50,000 to $250,000
• Moderate injuries – $250,000 to $750,000
• Disabling, permanent injuries – $1,000,000 or more
• Fatality resulting from surgical malpractice – $1,000,000 to $10,000,000

As we can only provide estimates, you should not rely on solely on these figures. Your own case value is unique based on many variables, which include:

• Total medical expenses – current and future surgeries, hospitalization, medications, physical / occupational therapy.
• Lost income – along with missed wags during your recovery, you can also claim lost job benefits like PTO and lost earning potential if you are permanently disabled.
• Non-economic damages – compensation for emotional distress, PTSD, physical pain, and loss of enjoyment of life.
• Punitive damages – if the patient’s injuries were caused by gross (excessive) negligence, they may receive punitive damages if the case is tried in court

How Long Do Medical Malpractice Cases Take to Settle?

The majority of claims for malpractice by a physician or any other healthcare provider take between 18 months to 3 years to settle. Your timeline to settle your case depends on factors such as:

• Complexity of the actions that constitute malpractice
• Your injuries and their long-term impact on your health and finances
• How many parties are involved (surgeon, nurses, hospital admins, etc.)
• Cooperation by each party to reach a settlement
• If court intervention is needed (court schedule and jurisdiction)

In our experience, cases where a settlement is negotiated out of court will probably take around 12 to 24 months. But if a trial is needed (very rare), it can take 3 or more years to resolve an eye surgery malpractice lawsuit. Much of the delay has to do with the negotiation process and whether the insurance company, plaintiff, and other parties are reasonable in their expectations.

It’s important to realize that settlement negotiations move slowly, and many cases involve multiple rounds of exchanged offers and weeks of waiting in between. If there are numerous defendants, liability is split between these entities, so coming to an agreement on what is owed to the victim can take even longer. These are some of the considerations that impact the settlement timeline when there is cause to demand compensation for medical malpractice.

Statute of Limitations for a Cataract Surgery Malpractice Lawsuit

The California Code of Civil Procedures provides the following guidelines for how long you have to file a medical malpractice lawsuit:

• 3 years from when the injury was inflicted on the patient
• 1 year from when the patient learns about an injury resulting from doctor malpractice
• For children under 6 years old, the lawsuit must be filed before the patient’s 8^th birthday.

There are exceptional cases (medical fraud, for example) that allow for an extension beyond the normal statute of limitations. But this is quite rare, so we urge you to take immediate action on a surgery malpractice claim by contacting our law firm. We will provide you with a free consultation and guide you through the legal process, one step at a time.

No Out of Pocket Cost at Kenmore Law Group

Legal services can be very expensive, and this is why so many people try to navigate the claims process on their own. This is likely to result in denied claims or undervalued settlements. Here at Kenmore, victims do not spend their own money to pay for a cataract surgery malpractice attorney. Under the Zero Fee Guarantee, we bill the cost of legal fees to the negligent doctor, healthcare facility, etc. This amount is included in the settlement that is paid to you, so that means winning your case is the only way we get paid.

Please take this opportunity to learn about your rights and legal options. Call us today and talk to one of our legal experts during a free, confidential case review.