Ophthalmology is a specialized medical field focused on eye health, vision care, and the diagnosis and treatment of eye conditions. Vision is a crucial part of human life, and ophthalmologists are doctors who specialize in treating eye problems through both surgical and non-surgical interventions. When an ophthalmologist fails to uphold the acceptable standard of care, the result can be temporary or permanent vision loss, eye damage, and a profoundly negative impact on a patient’s quality of life.
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Ophthalmology malpractice is a significant area of medical litigation in New York, where negligent eye care may lead to blindness, permanent vision impairment, or even the loss of an eye. Studies show that between 5% and 10% of ophthalmologists face malpractice claims annually. Given the delicate nature of the eye and the complexity of ophthalmic procedures, even minor errors can result in irreparable harm.
If you or a loved one suffered vision loss or eye damage due to negligence by an ophthalmologist in the State of New York, the Porter Law Group is here to help you seek justice and compensation.
The medical malpractice lawyers at the Porter Law Group have extensive experience in representing victims of medical negligence throughout New York State. We understand the devastating impact that vision loss and eye injuries can have on your life, affecting everything from your ability to work to your independence and overall quality of life.
Although ophthalmology malpractice cases occur less frequently than in some other specialties, they often result in substantial settlements due to the life-changing impact of vision loss. Notable examples in New York include a $7 million verdict for misdiagnosis leading to the loss of an eye, and a $1.75 million settlement for failure to properly diagnose glaucoma.
Our dedicated legal team will thoroughly investigate your case, consult with expert witnesses, and fight tirelessly to hold the negligent ophthalmologist accountable. We work on a contingency fee basis, so there are no fees unless we win your case.
Contact us today at 833-PORTER9 or email info@porterlawteam.com for a free consultation to discuss your ophthalmology malpractice case.
Ophthalmology malpractice occurs when an eye doctor fails to meet the expected professional standard of care when treating a patient, resulting in injury or damage. This includes errors across various subspecialties, such as general ophthalmology, retinal surgery, corneal surgery, glaucoma treatment, and refractive surgery procedures like LASIK.
Common examples of ophthalmology malpractice include:
According to the Ophthalmic Mutual Insurance Company (OMIC), of 1,613 ophthalmic malpractice claims reviewed over a 7-year period, 223 cases (nearly 14%) involved allegations of diagnostic error. Common issues include:
Cataract surgery represents the most common ophthalmologic procedure associated with malpractice claims, accounting for 33.3% of all ophthalmology malpractice cases. Common surgical errors include:
LASIK is a popular elective eye surgery that uses lasers to correct vision problems. While complications are rare when performed by a skilled surgeon on an appropriate candidate, LASIK errors can result in serious harm.
Between January 1, 2011 and December 31, 2020, OMIC recorded 21 settlements of refractive surgery lawsuits, totaling $2.9 million. Although the average payment of $138,000 was relatively low compared to other surgeries, the proportion of refractive surgery cases that resulted in settlements was relatively high at 35 percent.
Examples of LASIK malpractice include:
Recent settlements include a $700,000 award for a rare gem dealer whose LASIK surgery resulted in permanent vision impairment, and a $300,000 settlement for laser eye surgery errors due to wrong cornea measurements.
New York's medical malpractice statute of limitations applies equally to ophthalmology malpractice cases, generally requiring lawsuits to be filed within two years and six months (30 months) from the date of the alleged malpractice or the end of continuous treatment.
Lavern's Law provides significant extensions for cancer-related cases, which can apply to ophthalmology when eye cancers are involved, allowing patients 2.5 years from the date of discovery of the malpractice to file a lawsuit.
All ophthalmology malpractice lawsuits in New York must include a Certificate of Merit filed with the original complaint. This document certifies that the plaintiff's attorney consulted with a medical expert who found a reasonable basis to pursue the case and evidence of deviation from accepted medical practice.
New York does not impose caps on medical malpractice damage awards, allowing juries to award any amount they deem appropriate. If you were a victim of ophthalmology malpractice, you may be entitled to financial compensation for:
To successfully recover compensation for an ophthalmology malpractice claim, you need to demonstrate the four essential elements:
It is not as simple as merely showing that you've been injured. You will need the help of an ophthalmology expert who can review your medical records and tests to prove that there was a failure to meet the professional duty of care required.
The Porter Law Group works with board-certified medical experts who can help us evaluate your case and testify on your behalf if necessary. Expert witnesses in ophthalmology cases must be licensed physicians with expertise in eye conditions, current board certification, and active clinical practice.
Q: What is the most common type of ophthalmology malpractice claim?
Cataract surgery complications are the most frequent, accounting for 33.3% of claims. Retinal detachment misdiagnosis is the top diagnostic error, appearing in 38% of misdiagnosis cases.
Q: Can I sue if my LASIK surgery didn't give me perfect vision?
Not necessarily. A poor outcome alone isn’t malpractice. You must prove negligence, such as performing the surgery on an unqualified candidate, failing to disclose risks, or making surgical errors.
Q: How long do I have to file an ophthalmology malpractice lawsuit in New York?
Generally, you have 2.5 years (30 months) from the date of malpractice or end of continuous treatment. For eye cancers, Lavern's Law may extend this timeline to 2.5 years from discovery of the malpractice.
Q: What if my ophthalmologist should have referred me to a specialist?
Failure to refer to a subspecialist when appropriate can constitute malpractice. If your general ophthalmologist lacked expertise for your specific condition and attempted treatment anyway, causing harm, you may have a valid claim.
Q: Are ophthalmology malpractice settlements typically high?
Yes. Although less frequent, these claims often result in substantial payouts due to the impact of vision loss. Settlements may range from hundreds of thousands to several million dollars, depending on injury severity.
Q: Can I sue for glaucoma misdiagnosis?
Yes. If delayed or improper glaucoma treatment caused vision loss, you may have a case. These claims settle approximately 23% of the time, with average settlements around $177,000.
Q: What if I signed informed consent forms before my eye surgery?
Informed consent forms don't protect against negligent surgical performance. They cover known risks but don't waive your right to compensation if the surgeon's care fell below professional standards.
Q: Do I need a medical expert for my ophthalmology malpractice case?
Yes. New York requires a Certificate of Merit from a qualified ophthalmology expert, and expert testimony is essential to prove malpractice occurred and that the standard of care was breached.
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The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.
Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.
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The time between cataract surgery and litigation filing averages 15.5 months, and claims typically take 28.8 months to close, highlighting the importance of acting promptly while preserving evidence and meeting legal deadlines.
Our experienced medical malpractice lawyers are well-versed in the complexities of ophthalmology litigation in New York. Evidence gathering in ophthalmology cases requires comprehensive collection of medical records, including diagnostic imaging, visual field tests, fundus photographs, OCT scans, and all communications between healthcare providers.
If we find that you were indeed a victim of ophthalmology malpractice, we are ready to put our skills and resources to work and get you and your family the financial compensation you deserve. The standard of care in ophthalmology is particularly complex due to the subspecialized nature of the field and the existence of multiple acceptable approaches for many conditions.
At The Porter Law Group, we have the knowledge, resources, and dedication to take on complex ophthalmology malpractice cases. We are here to help New York medical malpractice victims get the full and fair compensation they deserve.
Call us today at 833-PORTER9 or email info@porterlawteam.com to arrange a free, no-obligation case evaluation with one of our experienced attorneys.
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