The branch of medicine specializing in the function, anatomy, and diseases of the eyes is Ophthalmology, as defined by the American Academy of Ophthalmology. Due to the delicate nature of the eye’s anatomy, treatment and surgeries carry a high risk for complications including hemorrhaging, macular edema, ptosis, ocular hypertension, reduced vision or blindness, double vision, infection, intraocular lens dislocation, retinal detachments, and myopia. Sometimes, these complications are unavoidable risks that accompany optical surgery. In other cases, they may be a result of physician error or medical malpractice of an ophthalmologist. If this is the case, it is beneficial to have the legal counsel of an Orlando medical malpractice attorney such as Jeff Badgley from Badgley Law Group.
Some of the sub-specialties of ophthalmology include:
- Pediatric ophthalmology
- Oculoplastic surgery
- Cataract surgery
- Orbital surgery
- Neuro-ophthalmology
- Specialists for treatment of cornea and retina diseases
The loss of vision or limited vision through traumatic injuries, disease, or surgical mishaps profoundly impacts a patient’s lifestyle. Visual changes and blindness can impair the psychological and psychosocial well-being of a person. Visual impairment correlates with a reduced quality of life, including losing independence and lessened earning potential. When this transpires due to the negligence of an ophthalmologist, catastrophic vision loss can constitute medical malpractice. The Bascom Palmer Eye Institute in Miami, Florida, is ranked the #1 eye hospital in the United States for the 19th time in 2020. They are a world leader for ophthalmologic education. Even in prestigious medical facilities, medical malpractice can happen. The most prevalent and costly claims are those for complications from Lasik eye surgery, cataract surgery, glaucoma therapy, and corneal treatment.
Common Examples of Ophthalmological Errors:
- Failure to diagnose or a delay in diagnosis
- Medication errors
- Surgical mistakes
- Failure to order necessary testing
- Failure to take an adequate patient history
- Improper post-operative care
Elements of a Medical Malpractice Lawsuit in Florida
In a medical malpractice lawsuit, a plaintiff must prove the elements by a preponderance of the evidence. In a court of law, it must be established that there was a doctor-patient relationship, and the ophthalmologist owed the patient a professional duty of care. The professional duty of care is what a prudent, competent physician in the same field would provide under the same circumstances. The plaintiff must provide evidence that the ophthalmologist failed to meet the professional duty of care. There must be supporting evidence that a link exists between the damages incurred and the medical care provided. It must be proven that this harm, through the ophthalmologist’s actions, resulted in economic damages.
There are economic and non-economic compensatory damages in a medical malpractice claim. Examples of economic damages are current and future lost income, medical bills, medical equipment, rehabilitation costs, and home modification expenses. Non-economic compensation encompasses pain and suffering due to the emotional anguish of the loss or changes in vision.
Attorney Jeffrey Badgley is Board Certified as a Civil Trial Lawyer, which is the Florida Bar’s highest recognition.
In the State of Florida, there is a two-year statute of limitations for a medical malpractice claim based on the negligence of a healthcare professional. If you or a loved one has suffered irreversible harm due to a medical practitioner’s negligence, contact the Badgley Law Firm. Our attorneys can help you win compensation for economic and non-economic damages. The ophthalmologist, the hospital, and the surgical center where your procedure was performed may have liability for your losses. There may be product liability from the manufacturer of a medicine, or a medical implant used in the procedure.
Our team of medical malpractice attorneys is committed to fighting for your rights. We thoroughly investigate and evaluate the facts of your claim and utilize whatever resources are necessary. The Badgley Law Group has the knowledge, skill, and experience to tackle even the most complex cases.
Contact Badgley Law Group for a Free Consultation at our Orlando office. Call us to discuss your options, and we will help you to make the right choices. 407-781-0420.