Understanding the Potential Complications and Legal Recourse for LASIK Patients
The allure of better vision without the hassle of glasses or contacts makes LASIK eye surgery a popular choice for many. However, it’s crucial for patients to understand the potential risks before undergoing the procedure. The FDA has expressed concerns that LASIK providers may not be adequately disclosing these risks, and some may be overpromising results. Kevin Brasler from Washington Consumers’ Checkbook emphasizes that while many LASIK patients are satisfied with their outcomes, there are still significant numbers who regret their decision due to complications.
The Risks and Complications of LASIK Surgery
LASIK surgery involves reshaping the cornea to improve vision, but this procedure is not without its risks. Common complications include dry eyes, double vision, and difficulty seeing at night. The FDA’s draft guidance from 2022 highlights that up to one week post-surgery, about 85% of patients experience dry eyes. Six months later, around 41% report visual disturbances such as glare, halos, starbursts, and double images, with approximately 4% finding these symptoms very or extremely bothersome.
One of the most concerning risks is that LASIK weakens the eye, making it more susceptible to injury from impacts. Additionally, many patients may still require glasses or a second corrective procedure as their vision deteriorates over time. Despite these risks, some LASIK providers do not adequately communicate the likelihood and severity of these complications to prospective patients.
Importance of Informed Decision-Making
The FDA’s concern stems from the need for patients to receive clear and comprehensive information that allows them to make well-informed decisions about LASIK surgery. Some surgeons may offer transparent disclosures about potential complications, but the FDA is advocating for more standardized language to ensure consistency across the industry.
Prospective LASIK patients should take several steps to ensure they are making an informed choice. This includes carefully selecting a surgeon, asking detailed questions about potential risks and outcomes, and comparing costs. If a doctor seems unwilling to spend time answering these questions, it could be a red flag indicating that they may not be forthcoming about the procedure’s risks.
Legal Recourse for Injured Patients
Patients who suffer from complications following LASIK surgery may have legal options to seek compensation. Product liability laws are designed to protect consumers from defective products and inadequate warnings. If a patient can demonstrate that they were not adequately informed about the risks of LASIK or that the procedure was performed negligently, they may be able to file a lawsuit seeking damages.
The legal process for a product liability lawsuit involves several steps. Initially, the injured party should consult with a personal injury attorney who specializes in medical malpractice and product liability cases. The attorney will evaluate the case, gather evidence such as medical records and communications with the LASIK provider, and determine if there is a viable claim.
Once a lawsuit is filed, the discovery phase begins, where both parties exchange information and gather further evidence. This phase is critical for building a strong case. The attorney may also work with medical experts to provide testimony on how the complications occurred and their impact on the patient’s life.
The Role of an Attorney
Navigating a product liability lawsuit without professional legal assistance can be challenging. An experienced attorney can help manage all aspects of the case, from filing the initial claim to negotiating settlements or representing the client in court. They ensure that all legal procedures are followed correctly and work to secure fair compensation for the injured party.
Damages in a LASIK-related product liability lawsuit may include medical expenses for treating the complications, lost wages due to inability to work, pain and suffering, and possibly punitive damages if the provider’s conduct was particularly egregious. Having skilled legal representation increases the likelihood of a successful outcome.