LASIK malpractice

LASIK has been the latest addition to the solutions for visionary complications and is now being performed on a number of patients suffering from eye problems. Since the recent development in the medical department, LASIK surgery has shown no long-term side effects. Nevertheless, short-term complications occurring due to LASIK surgery are quite common, occurring in approximately 1.5 to 5 percent of the total number of patients. It is not always that the complications occur due to the doctor's fault. However, malpractice does occur. Thus, it is essential to evaluate the circumstances to determine whether the injuries have been a cause of the LASIK malpractice.

It is difficult to sustain a LASIK malpractice claim in most of the States, as the plaintiff has to relate the cause of the injuries to a LASIK malpractice. LASIK is a pretty new and innovative procedure and thus, is universally accepted to result in certain complications after the surgery. A disagreement persists over the standards of care required after the surgery and hence, the doctors are reluctant to support the LASIK malpractice claims. Additionally, while filing such a claim, the testimony of an expert witness who is aware of the required standards and can stand by the patient's claim of not being treated properly is also essential for making the case justified.

Most of the doctors are involved in the marketing of this new development and perform LASIK surgery whenever required as a result of which the rate of the surgery has increased. Therefore, it is again difficult to find an expert surgeon who would provide his knowledge and witness that might affect the image of LASIK surgery by revealing its negative sides.

The consent documents, which are signed prior to the surgery by the patients, relieve all the medical staff, surgeons, and the organization from any complications occurring after the surgery. This poses again as another hurdle that makes LASIK malpractice settlement not a very smooth process. However, they do not stop a patient from filing a claim. While doing so, patients are required to support the claims through an expert lawyer, a sound witness, and any necessary measures that would prove malpractice.

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