Medical Malpractice in Laser Surgery

Everyone wants to see 6:6. Everyone wants to get rid of their glasses and be free.

In the last two decades, a new field has developed in Israeli medicine – laser eye surgery. These surgeries are presented to the general public as "miracle surgeries," using innovative and sophisticated equipment, which will free the client from the need to use glasses, all quickly, efficiently, and without complications or problems. Often added to these promises is also a commitment to the institute's "warranty."

Unfortunately, the reality on the ground differs significantly from the advertisements, and often the glowing presentation leads to a very gray outcome.

The medical field of laser eye surgery is characterized by the fact that it involves medical treatment that is not necessary and is performed by the patient's free choice, at a time when the medical treatment performed can also have disastrous consequences for the patient. This special medical situation has led courts to impose very serious obligations on laser surgery providers, regarding the explanations and warnings that the doctor must provide to the patient in order to obtain their consent to treatment.

Medical malpractice lawsuits deal with cases in which there is negligence by the doctor, which caused damage to the patient. Negligence is defined in law as a deviation from the standard of conduct expected of a reasonable doctor. To succeed in a medical malpractice lawsuit, it is not enough to prove the doctor's negligence, and it is also necessary to prove that the damage was caused by the negligence and would not have occurred without it. In addition, it is necessary to prove what exactly the damage caused to the patient is. These issues are complex medical issues, usually requiring expert opinions from medical experts.

Medical malpractice lawsuits related to laser eye surgery are divided into several main types: There is a possibility that the surgery itself was performed in a defective and negligent manner, by a doctor unqualified to do so or with unsuitable equipment, however in cases of laser surgery this is usually not the cause of the damages.

One of the common causes of damages due to laser surgery is related to the failure to perform sufficient preliminary examinations regarding the patient's suitability for surgery. Laser surgeons themselves admit that the surgery is not suitable for every patient and that there are many situations that require avoiding laser surgery, such as dry eye conditions, certain structures of the eye and cornea, family history of special eye problems, diseases and other health problems, and more. Despite the declarations about performing meticulous examinations to check the patient's suitability for surgery, we encounter quite a few cases in which the decision was made that the patient is suitable for surgery, without performing appropriate examinations and investigations, or while ignoring existing risk factors. These situations are clear cases of medical malpractice that caused damage, and many medical malpractice lawsuits in this field are based on such negligence.

Many medical malpractice lawsuits regarding laser surgery are based on the negligence and omissions of the surgery providers regarding the explanations and warnings given to the patient in connection with the surgery and the risks involved. As is known, the doctor is obligated to obtain the patient's consent to surgery, after explaining to them the nature of the surgery and its risks. Consent given without understanding the risks is tantamount to no consent. As mentioned above, when it comes to surgery that is not necessary, and which is often performed for aesthetic reasons only, the doctor is obligated to explain in greater detail to the patient all the risks, even the rarest ones. In practice, as is known, in many cases, the state of affairs regarding the explanations and warnings given to patients in laser surgery is the opposite of what is required, and many patients gave their consent to surgery based on an "explanation" that it is a surgery done "in a snap," without any complications or problems, and while avoiding giving a correct and complete explanation to the patient regarding the possible risks. A patient who consented to surgery based on such an "explanation" can file a medical malpractice lawsuit, based on the claim that the surgery was performed without their consent and even while misleading them.

Attorneys dealing with medical malpractice meet many clients who decided to undergo laser eye surgery, in a situation where they led normal and proper lives while using glasses, and found themselves after the surgery in a situation where their vision was destroyed and their quality of life was severely damaged.

As is known and familiar to all, this medical field has become a field in which the main information about it is conducted and transmitted to the public through advertisements in newspapers and various media, and accordingly, the results also correspond, often, to those obtained from relying on advertisements and cause the patient damages and distress.

In the event that you underwent laser eye surgery and suffered damages as a result – we recommend that you contact an attorney specializing in this field for consultation. The attorney will collect the relevant material, contact medical experts to verify whether there is indeed negligence in this case that caused damage, and if this is indeed the situation – it will be possible to file a lawsuit for compensation for all the damages caused to you due to this negligence.