Ophthalmology Malpractice

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.

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.

Key Takeaways

• Ophthalmology malpractice in New York occurs when an eye doctor (ophthalmologist) fails to meet the accepted standard of care, resulting in vision loss, eye damage, or the loss of an eye.
• The most common claims involve failure to diagnose (especially retinal detachment and glaucoma) and surgical errors (especially in cataract and LASIK/refractive surgery).
• Cataract surgery is the single most frequent source of ophthalmology malpractice claims, accounting for about 33% of all ophthalmology malpractice cases nationally.
• New York is a no-cap state for medical malpractice: there are no statutory limits on economic or non-economic damages, so verdicts and settlements can reach millions for permanent vision loss or blindness.
• Victims have 2.5 years (30 months) from the date of the malpractice or the end of continuous treatment to file a lawsuit, with important exceptions under Lavern's Law for cancer-related misdiagnosis.
• All New York ophthalmology malpractice lawsuits must be supported by a Certificate of Merit from a qualified ophthalmology expert confirming that the standard of care was breached.

New York Ophthalmology Malpractice Attorneys

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.

Eye Care Negligence in NY

Eye care negligence in New York arises when an ophthalmologist, optometrist, or other eye care provider fails to act as a reasonably competent eye specialist would under similar circumstances, causing harm to the patient.

Common forms of negligence include:

• Failure to diagnose or delayed diagnosis of serious eye conditions like retinal detachment, glaucoma, macular degeneration, or eye tumors, leading to preventable vision loss or blindness.
• Surgical errors during cataract, LASIK, or other eye procedures, such as wrong-eye surgery, incorrect lens power, or damage to the retina or cornea.
• Inadequate informed consent, where the doctor fails to properly explain the risks, benefits, and alternatives of a procedure, leaving the patient unable to make an informed decision.
• Poor post-operative care, including failure to recognize and treat complications like infection, elevated eye pressure, or retinal tears after surgery.
• Medication errors, such as prescribing the wrong drug, wrong dosage, or failing to monitor for dangerous side effects (e.g., steroid-induced glaucoma).
• Failure to refer to a subspecialist (e.g., retina or glaucoma specialist) when the condition is beyond the ophthalmologist's expertise, resulting in worsened outcomes.

In New York, victims of eye care negligence may recover compensation for medical bills, lost wages, pain and suffering, and future care, especially if the injury is permanent.

What is Ophthalmology Malpractice?

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.

To prove an ophthalmology malpractice claim in New York, a patient must show:

1. Duty of care - The ophthalmologist owed a professional duty to the patient (established by the doctor-patient relationship).
2. Breach of standard of care - The doctor's actions (or inaction) fell below what a reasonably competent ophthalmologist would have done under the same circumstances.
3. Causation - The doctor's breach directly caused the patient's injury (e.g., vision loss, eye damage, need for additional surgeries).
4. Damages - The patient suffered measurable harm, such as medical expenses, lost income, pain and suffering, or permanent disability.

Because the eye is so delicate, even small errors can lead to catastrophic outcomes, making ophthalmology malpractice cases some of the most serious and high-value medical malpractice claims in New York.

Common Types of Ophthalmology Malpractice

Ophthalmology malpractice claims in New York generally fall into two broad categories: diagnostic errors and surgical/technical errors.

Diagnostic Failures

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:

• Retinal detachment - Failing to recognize symptoms like floaters, flashes, or a curtain over the vision, leading to delayed treatment and permanent vision loss or blindness. This represents the most frequently missed diagnosis in ophthalmology, representing 38% of diagnostic error claims.
• Glaucoma - Failing to diagnose or properly monitor elevated eye pressure, resulting in progressive optic nerve damage and irreversible vision loss.
• Macular degeneration - Delaying diagnosis or treatment of wet AMD, allowing severe central vision loss to occur.
• Eye tumors and cancers - Misdiagnosing or dismissing a suspicious lesion as benign, delaying treatment and allowing the cancer to spread.
• Diabetic retinopathy - Failing to screen or refer diabetic patients for retinal exams, leading to preventable vision loss.

Surgical and Procedural Errors

• Wrong-eye surgery - Operating on the wrong eye (e.g., performing cataract surgery on the healthy eye instead of the diseased one).
• Wrong-procedure or wrong-device - Using an incorrect surgical technique or implant (e.g., wrong IOL power, wrong laser settings in LASIK).
• Intraoperative complications - Causing a perforated globe, dropped nucleus, or retinal tear during surgery and failing to recognize or repair it.
• Post-operative negligence - Failing to monitor for infection, endophthalmitis, or elevated pressure, or dismissing worsening symptoms as "normal" healing.
• Damage to surrounding eye structures during surgery
• Failure to provide proper post-operative care and monitoring

Treatment Management Errors

• Inappropriate medication selection, particularly with steroid treatments that can worsen certain eye infections
• Insufficient follow-up care or progress monitoring
• Failure to review medical history or order necessary diagnostic tests
• Failure to refer to a subspecialist - When an ophthalmologist lacks expertise in a particular type of eye surgery, the proper recourse is to refer the patient to a subspecialist. Attempting a surgery without proper expertise can lead to serious harm.

These errors can result in partial or total vision loss, chronic pain, multiple corrective surgeries, and lifelong disability, forming the basis of substantial malpractice claims in New York.

LASIK and Refractive Surgery Malpractice

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.

Common LASIK/refractive surgery malpractice claims in New York include:

• Performing surgery on an unqualified patient - Operating on someone with thin corneas, severe dry eye, or unstable vision, increasing the risk of complications like corneal ectasia.
• Wrong corneal measurements - Using incorrect topography or pachymetry data, leading to over- or under-correction, severe astigmatism, or loss of best-corrected vision.
• Wrong-eye or wrong-procedure error - Treating the wrong eye or using the wrong laser settings, causing permanent visual distortion.
• Inadequate informed consent - Failing to properly warn the patient about risks like chronic dry eye, glare, halos, night-vision problems, and the possibility of needing enhancement surgery.
• Poor post-operative management - Failing to recognize and treat complications like infection, corneal flap problems, or persistent pain, or dismissing complaints as "normal."
• Surgical errors causing corneal damage
• Failing to identify contraindications during pre-operative screening

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, reflecting the serious impact of these errors on work and daily life.

Cataract Surgery Malpractice

Cataract surgery is the most common ophthalmic procedure and the leading source of ophthalmology malpractice claims, accounting for about 33% of all ophthalmology malpractice cases nationally.

In New York, cataract surgery malpractice typically involves:

• Wrong-eye surgery - Removing the cataract from the wrong eye, causing the patient to lose vision in the healthy eye.
• Wrong intraocular lens (IOL) power - Implanting a lens with the incorrect strength, resulting in severe nearsightedness, farsightedness, or astigmatism that cannot be fully corrected with glasses.
• Intraoperative complications - Causing a perforated globe, dropped nucleus, or retained lens fragments and failing to recognize or repair the damage during surgery.
• Retinal injury - Accidentally damaging the retina during surgery (e.g., creating a retinal tear or detachment) and failing to diagnose and treat it promptly.
• Post-operative negligence - Failing to recognize and treat complications like endophthalmitis (severe eye infection), elevated intraocular pressure, or retinal detachment, leading to blindness.

A well-known New York case involved a patient who underwent cataract surgery and later lost all vision in that eye due to a surgical error and delayed treatment of complications; the jury awarded a multi-million-dollar verdict for permanent vision loss and future care.

Common Cataract Surgery Errors

The most frequent cataract surgery errors that give rise to malpractice claims in New York include:

• Dropped nucleus - The cataractous lens or fragments fall into the back of the eye (vitreous cavity), requiring additional surgery by a retina specialist and increasing the risk of retinal detachment and vision loss.
• Retained lens fragments - Leaving pieces of the cataract behind, which can cause chronic inflammation, glaucoma, or retinal damage if not removed.
• Posterior capsule rupture - Tearing the thin membrane behind the lens, which can lead to vitreous loss, retinal tears, and the need for more complex surgery.
• Wrong IOL power or type - Implanting a lens with the incorrect strength or design (e.g., monofocal vs. multifocal), leaving the patient with poor uncorrected vision and the need for glasses or additional surgery.
• Endophthalmitis - A severe intraocular infection, often due to poor sterile technique or inadequate post-op monitoring, which can rapidly destroy vision if not treated immediately.
• Corneal edema or decompensation - Damaging the corneal endothelium during surgery, leading to chronic swelling, pain, and the need for a corneal transplant.
• Retinal detachment - Causing or failing to recognize a retinal tear or detachment during or after surgery, resulting in partial or total vision loss.

These errors are often preventable with proper pre-op planning, careful surgical technique, and diligent post-operative follow-up, and they form the basis of many high-value malpractice claims in New York.

Legal Framework in New York

Statute of Limitations

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.

Certificate of Merit Requirement

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.

What Damages Can You Recover As a Victim of Ophthalmology Malpractice?

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:

Economic Damages

• Medical expenses (past and future treatment costs)
• Lost wages and reduced earning capacity
• Rehabilitation and assistive device costs
• Home modifications for vision impairment

Non-Economic Damages

• Partial or complete vision loss
• Pain and suffering
• Inability to work or engage in usual activities
• Diminished quality of life
• Emotional distress over vision impairment
• Loss of consortium (for spouses)

How are Ophthalmology Malpractice Cases Decided?

To successfully recover compensation for an ophthalmology malpractice claim, you need to demonstrate the four essential elements:

1. Professional Duty - The ophthalmologist owed a duty of care.
2. Breach of Duty - The standard of care was violated.
3. Causation - The breach directly caused the injury.
4. Damages - The injury resulted in quantifiable harm.

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.

Frequently Asked Questions About Ophthalmology Malpractice

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.

Why Choose the Porter Law Group?

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.

You only get one chance to hire the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results.

When you or a loved one's life has been devastated by a serious personal injury in New York, don't hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.

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Speak to a New York Ophthalmology Malpractice Lawyer

If you or a loved one suffered vision loss, eye damage, or the loss of an eye due to an ophthalmologist's negligence in New York, you may be entitled to substantial compensation for:

• Past and future medical expenses (surgeries, medications, vision aids, rehabilitation)
• Lost wages and loss of future earning capacity
• Pain and suffering, emotional distress, and loss of enjoyment of life
• Permanent disability and the need for long-term care or assistance

Our experienced New York ophthalmology malpractice attorneys can:

• Review your medical records and consult with board-certified ophthalmology experts to determine if malpractice occurred
• Investigate whether the doctor failed to diagnose a condition, made a surgical error, or provided substandard care
• Handle all aspects of your case, including the required Certificate of Merit, discovery, and trial, so you can focus on healing
• Fight for the full value of your claim, including economic and non-economic damages, under New York's no-cap system

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.

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. 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.

*Prior results do not guarantee a similar outcome.