A recent study confirms that 80% per cent of medical malpractice lawsuits are won by doctors. While that news is disappointing to victims of medical negligence, it is neither surprising nor news to seasoned trial lawyers. By contrast, our experience with LASIK eye surgery negligence is quite the opposite. Why the differences?
Medical malpractice cases are difficult for several reasons. First, patients are suing doctors, who generally are trusted, respected and beloved by jurors. Second, patients are required to hire qualified medical experts, who must be willing to testify against their colleagues. Third, the cost of prosecuting malpractice cases is expensive. Fourth, patients typically come to doctors with a disease (cancer for example) or injury which was not the doctors’ fault. Given all of these hurdles, an earlier study revealed that only 3% of patients who had strong claims ever bothered to bring them.
LASIK malpractice is different from other forms of medical malpractice for two important reasons. First, high volume LASIK surgeons, who run LASIK factories and do not even know their patients, are loathed rather than loved by jurors for turning eyes into commodities. “Sale on LASIK! $250/eye this week!”
Second, LASIK malpractice cases differ even from other eye cases, such as where a patient has an underlying disease such as cataracts, glaucoma or a detached retina. Wearing glasses or contact lenses is not a disease. Consequently, when a patient is blinded, or left severely visually disabled by LASIK or PRK surgery, it becomes extremely for difficult for careless eye doctors to defend their actions.
If you or a loved one has been injured by a doctor, you should promptly contact an attorney with experience in medical malpractice. The Law Office of Todd J. Krouner has a proven track record of helping patients injured by LASIK (and other forms of medical malpractice) all over the country. To determine if you have a strong case, contact us for a free consultation at (914) 238-5800.