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LASIK Malpractice: When Eye Surgery Goes Wrong

LASIK eye surgery is one of the most popular elective surgical procedures today. With millions choosing to go without glasses each year, LASIK eye surgery is becoming more popular. Unfortunately, this relatively new procedure has caused lasting injury to some patients through the negligence and malpractice of LASIK surgeons and the laser facilities that run patients through as though they were on a conveyor belt.

$7.25 Million Verdict for LASIK Malpractice (PDF)

LASIK Malpractice Frequently Asked Questions (FAQs)

Recent Cases and Latest News

What is LASIK?

Developed in 1990 by two Greek doctors, LASIK (an acronym for Laser-Assisted in Situ Keratomileusis) is a surgical procedure in which a flap is cut in the corneal tissue of the eye before a laser is used to correct visual conditions ranging from astigmatism to hyperopia and myopia. Most LASIK complications subside within a week or two of surgery, but some patients have experienced long-term complications ranging from dry eye to astigmatism, macular holes, light sensitivity, pain, and even blindness. Some surgeons report a complication rate as low as one percent, but a more realistic estimate is much higher.

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What is malpractice?

A legitimate malpractice claim arises from a doctor or surgeon’s failure to use a proper standard of care that results in injury to the patient. Medical professionals are expected to live up to a high standard when performing risky surgical procedures such as LASIK. The LASIK surgery itself is not complex. Rarely do we get calls about cases where the surgeon made a bad cut or erred during the surgery. The real skill is required in the pre-surgical screening. Most of our cases involve “contraindications,” or conditions for which the surgery never should have been performed. Keratoconus, or a cone-shaped cornea, is one such condition. Thin corneas, or residual stromal beds of less than 250 microns, are another type of claim we handle. In another case, the surgeon failed to calibrate the laser, resulting in “central islands,” another man-made corneal defect.

In addition to the defendants’ mistakes, we must assess your resulting damages. Given the substantial investment of time and money that it costs to litigate a LASIK claim, we are only interested in serious cases that involve permanent injuries. If corrective surgery, or what the LASIK industry euphemistically calls an “enhancement,” can safely and effectively resolve your difficulties, we will not likely be interested. Many of our clients have clear cases of liability, and injuries that leave them legally blind (20/200 or worse) with uncorrected vision. Many also require or are candidates for corneal grafts or transplants. Unlike LASIK surgery, a corneal transplant is a major operation which carries substantial short term, intermediate and long term risks.

Some of our clients cannot work as a result of their serious visual disabilities. Many work because they must, but have no personal life or social life at the end of the work day as a result of their visual exhaustion. Most of our clients continue to drive, but do so out of necessity. Those who can drive experience particular difficulty at night.

Do I have a LASIK malpractice case?

Based upon our review of your medical records with a highly regarded expert, we will represent you if the liability is clear and your damages are substantial. Damages include your pain and suffering, including poor-quality vision and its related loss of life’s enjoyment; loss of income; and medical expenses. We have also had success, rarely matched by others, pleading punitive damages for gross negligence and the unlicensed practice of medicine.

Many of our potential clients underestimate the value of their visual disability. While some states have caps on the amount you may recover, aside from the millions of dollars that we recovered in the Schiffer case, it is our belief, informed by the success of other attorneys as well, that LASIK injury cases are worth at least several hundreds of thousands of dollars, if not millions, depending on the extent of the disability, and assuming of course that you can prove liability.

If you would like a consultation concerning the merit of your claim, please contact us.