Blindness and Vision Loss Medical Malpractice | 2024 Latest Updates

If you or a loved one experienced vision loss or blindness following a medical procedure, missed diagnosis, or inadequate care, you may be entitled to pursue compensation.

At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to medical negligence related to eye care. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.

Contact Schmidt & Clark today for a free, no-obligation consultation.

Blindness and Vision Loss Medical Malpractice Lawsuit Overview

Blindness and vision loss often result in severe disability and are linked with a substantial financial burden, a lower quality of life, concurrent medical conditions, and mental health issues.

Unfortunately, like other body parts, human eye tissue cannot regenerate, so any damage is very likely to be permanent [1].

In spite of the fact that most cases of vision loss are not a consequence of medical negligence, there are still too many cases stemming from medical mistakes.

These lawsuits involve allegations of surgical errors, failure to diagnose conditions like retinopathy or detached retinas, inadequate screening, and complications from cataract surgery or other eye procedures.

Latest Blindness and Vision Loss Medical Malpractice Lawsuit Updates

August 27, 2024 – Last lawsuit updates published by C.L. Mike Schmidt, continuing to accept new vision loss malpractice cases in all 50 states.

2021 – A recent study conducted by JAMA Ophthalmology revealed that nearly 1 in 4 cases of age-related macular degeneration (AMD) are not being identified, even at primary eye care clinics, potentially leading to preventable vision loss.

2020 – Recent research has identified that retina detachment remains the most frequently misdiagnosed ophthalmic condition, leading to permanent vision loss when not caught early.

Medical Research and Statistics

According to medical research and statistics:

• Age-related macular degeneration (AMD) is an incurable condition, yet one that can become far less severe with timely treatment. Catching the disorder early could help prevent complete vision loss for countless aging adults [2].
• A study published in JAMA Ophthalmology revealed that nearly 1 in 4 cases (25%) of this devastating disease are not being identified, even at primary eye care clinics [3].
• Medical professionals recommend screening children under 32 weeks of gestational age or less than 1501 g of birth weight for retinopathy of prematurity (ROP) to prevent potential blindness [4].
• According to medical malpractice statistics, vision loss cases could be worth around $300,000 on average, but values vary significantly depending on the specifics of each case.

Related Article: Eye Surgery Malpractice Claim

Blindness and Vision Loss Injuries & Side Effects

Vision loss or blindness due to medical malpractice can result in numerous severe and life-altering complications:

• Permanent Total Blindness: Complete and irreversible loss of vision in one or both eyes
• Partial Vision Loss: Reduced visual acuity, peripheral vision loss, or blind spots
• Increased Intracranial Pressure: Leading to headaches, vomiting, and further complications
• Retinal Detachment: Separation of the retina from underlying tissues, causing shadows or vision loss
• Infection: Including endophthalmitis, which can rapidly progress to permanent vision loss
• Psychological Trauma: Depression, anxiety, and reduced quality of life following vision loss

Do You Qualify for a Blindness and Vision Loss Medical Malpractice Lawsuit?

You may qualify for a blindness and vision loss medical malpractice lawsuit if:

• You or a loved one experienced vision loss or blindness following a medical procedure or treatment
• The injury occurred within the last two years (statute of limitations varies by state)
• You can demonstrate that a healthcare provider failed to meet the standard of care
• Medical negligence directly caused or contributed to your vision loss
• You suffered damages as a result, such as additional medical expenses, lost wages, or pain and suffering

Evidence Required for a Blindness and Vision Loss Medical Malpractice Lawsuit

To strengthen your case, you should gather:

• Medical records relevant to your eye treatment and vision loss
• Documentation of diagnoses, procedures, and follow-up care
• Evidence of the doctor’s failure to meet the standard of proper medical care
• Proof that this failure directly caused your vision loss
• Documentation of damages suffered as a result of your injury, such as medical bills

Damages You Can Recover

If successful in your blindness and vision loss malpractice lawsuit, you may be entitled to recover compensation for:

• Recovery for all medical and health-related costs
• Cost of any rehabilitation expenses
• Any loss of income or salaries including future loss of income
• Non-economic damage compensation – including recovery from emotional trauma, pain and suffering, and mental anguish
• Punitive damages – in cases of gross negligence

Common Types of Blindness and Vision Loss Malpractice

Failure to Screen for Retinopathy

Premature infants with a low birth weight can be at risk of retinopathy of prematurity (ROP).

To ensure that their vision is protected from abnormal growth patterns, which could lead to potential blindness, medical professionals recommend screening children under 32 weeks of gestational age or less than 1501 g of birth weight.

Early detection through this simple procedure helps give babies a chance at optimal eye health.

Failure to Diagnose Detached Retina

Some individuals’ vision can be at risk due to detached retinas. As we age, the shrinking of the vitreous (the gel-like substance that fills our eyes) sometimes pulls too hard on the retina and causes vision loss [5].

An early diagnosis of a retina detachment (before the detachment involves the macula) is key. However, studies have revealed that it is the most frequently misdiagnosed ophthalmic condition.

Failure to Diagnose Intracranial Pressure

The failure to diagnose increased intracranial pressure (ICP) can cause severe health risks. From blindness, permanent brain damage, long-term coma, and even death, this medical issue must not go unnoticed for it to be managed successfully [6].

Acting quickly to address pressure on your brain can lead to a better outcome. Opting for the use of sophisticated intracranial monitoring devices may be especially beneficial if you have experienced a traumatic head injury and want to reduce increased ICP [7].

Cataract Surgery Malpractice

An eye doctor must exercise extreme caution when conducting a cataract surgical procedure. If the probe or irrigation/aspiration handpiece is removed carelessly from a patient’s anterior chamber, the vitreous can prolapse and lead to blindness [8].

Inadequate monitoring of anesthesia or sedation during this procedure is another issue that might result in blindness and vision loss [9].

Related Articles:

• Retinal Detachment Accident Lawyer Info
• Cataract Surgery Suit
• Eye Surgery Malpractice Claim
• Postoperative Vision Loss Suit

See all related medical malpractice cases our attorneys have covered.

Statute of Limitations for Blindness and Vision Loss Malpractice Lawsuits

You have two years from the date of negligent medical treatment to file a lawsuit for blindness and vision loss malpractice.

However, the statute of limitations can vary by state, so it’s important to consult with a medical malpractice attorney as soon as possible to ensure your claim is filed within the appropriate timeframe.

Steps to File a Malpractice Lawsuit

If you are experiencing post-operative vision loss, you may pursue a settlement for losses such as medical bills.

The process typically involves:

1. Evaluate medical records: First, it is necessary to evaluate medical records relevant to your situation. The evaluation should include information such as the type of treatment provided and possible failures that could have directly caused the injury.
2. Prove causation: Second, you must prove that the doctor (or facility) caused your injury. Other medical professionals should examine the evidence and help determine whether the doctors failed to meet the standard of proper medical care and whether the failure caused your loss of vision.
3. Document damages: Lastly, you must prove that you suffered damages as a result of your injury and gather evidence to support your medical malpractice claims, such as medical bills.

FAQs

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for blindness and vision loss caused by medical malpractice. With a statute of limitations of only two years in most states, it’s crucial to act quickly to protect your legal rights.

At Schmidt & Clark, LLP law firm, we are committed to standing up for victims of medical errors and seeking compensation on their behalf. Our team is highly experienced in identifying negligence that can cause long-term injuries such as blindness.

If you think you may be a victim of medical error or neglect, don’t hesitate to reach out; your initial consultation is free and could give you the answers needed for justice.

References:

1. https://newsroom.uw.edu/story/restoring-sight-can-retina-be-regenerated
2. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
3. https://jamanetwork.com/journals/jamaophthalmology/fullarticle/2621881
4. https://www.eyenews.uk.com/education/top-tips/post/the-screening-and-treatment-of-retinopathy-of-prematurity
5. https://www.aao.org/eyenet/article/malpractice-risk-retinal-detachments
6. https://www.intechopen.com/chapters/58504
7. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
8. https://www.nature.com/articles/eye200822?error=cookies_not_supported&code=6f469d36-f8ea-48a2-9760-d41657d05b1f?error=cookies_not_supported&code=6f469d36-f8ea-48a2-9760-d41657d05b1f?error=cookies_not_supported&code=6f469d36-f8ea-48a2-9760-d41657d05b1f
9. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml