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The patient had a slight cataract and the doctor reassured her that everything would be fine after the cataract surgery. However, the patient came out blind after the cataract surgery. Does this woman have a medical malpractice case?

The patient had a slight cataract and the doctor reassured her that everything would be fine after the cataract surgery. However, the patient came out blind after the cataract surgery. Does this woman have a medical malpractice case?

Inherent Risks in Surgery

The answer is maybe. We need to evaluate and see the indications for this patient that could have warranted cataract surgery. In other words, was she a candidate for this surgery? Then we need to see if the doctor violated the basic standards of medical care? Were the doctor’s calculations correct? If they were, then did he do the surgical procedure correctly?

Now, there are always certain inherent risks with any type of surgical procedure, and one of the risks is damage or injury to the organ or to the adjacent organ. In fact, every patient has to sign paperwork before surgery, this paperwork will say there is risk of injury following the particular procedure, and the patient could go blind.

Was there a Violation of Basic Standards of Medical Care

The mere fact that the patient can now not see after the procedure, does that automatically mean the doctor violated the basic standards of care? The answer is no, not automatically. We have to evaluate and see what the doctor did.

First, we need to investigate if the patient was indeed a candidate for cataract surgery. Secondly, we have to find out if the procedure was done correctly, and whether there were any complications. Finally, a thorough investigation will be done to find out what caused the patient’s blindness. Did the doctor inadvertently cut the optic nerve of the patient? Was something else going on that could determine that the patient did not receive adequate medical care and treatment?

Just because you go into a procedure; otherwise healthy and you come out with a significant injury like being blind, does not automatically mean you have a valid medical malpractice case. It might be valid, but that has to be confirmed by a medical expert who has reviewed all your medical records.

Evaluation of a Case

Many people, who are admitted into a hospital, might come out feeling worse or with some injury that they did not have while being admitted. It is quite natural to think that the doctor or hospital staff might have done something wrong. However, that does not mean that it is necessarily so. When you go to a lawyer with your story about what happened, the attorney is going to ask questions to know more details about the incident and the injuries you have suffered.

If he feels that you might have a case, he will have to confirm the validity of your case from a medical expert. This expert will go through all your medical records and study your case in detail, in order to find out if there was any carelessness by the doctor or if the hospital staff violated the basic standards of care.