Question

cornea injury at doctor's office

Asked 13 December 2012 · 1 answer

The question

Hello,

I was wondering if my mother might have a malpractice case based upon her recent experience at an eye doctor's office. She went for a glaucoma test and had her cornea torn by the technician administering the test. She is presently in much pain, has diabetes which can increase recovery time, and was denied a script for pain medication because the doctor said, "it can slow the healing process". The doctor has offered treatment as it relates to the cornea injury at no cost, but I was wondering what her rights were. A lawyer not specializing in medical malpractice advised that she stands to receive little, if any, compensation unless she sustains permanent injury. I am just concerned about potential complications down the road due to this injury, and by then, it will be too late to hold anyone responsible for this. Any ideas/suggestions/answers would be greatly appreciated. Thank you.

From the LawyerCentral forum archive. Originally posted 13 December 2012 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 24 December 2012

Well parts of this case depend on facts not available to me. For example, did your mother have a pre-existing condition which made her cornea more sensitive to injury?

As to the lawyer's advice, I think the reason for little, if any, compensation is that the doctor is already offering free treatment. Compensation for negligence is usually designed to restore what the victim has lost. If the doctor can do everything he or she can to reduce the pain and even restore her cornea, then there's little compensation recoverable. If your mother is still working and lost wages due to her injury, then she could still recover something. Likewise, if your mother enjoyed a hobby that she cannot do, a small amount of money could be found for that, but the doctor's offer is a well calculated one to prevent action such as this.

Don't let my words or the other lawyer's words discourage you though from getting another opinion. Ask another attorney (Im not a lawyer btw) for their opinion, and this time one that does specialize in medical malpractice. I would also ask another eye doctor or two to verify that the technician is the cause of the injury and that the treatment offered by eye doctor #1 would actually help ease/reverse the damage done.

Merry Christmas. Please seek another attorney for legal advice.

(removed)

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