Table of contents
- Latest Blindness and Vision Loss Medical Malpractice Lawsuit Updates
- August 12, 2026: CDC Updates Vision Loss and Blindness Estimates
- April 16, 2026: Colorado Judge Lets Pilot Keep $7.2 Million LASIK Award
- May 22, 2015: CDC Reports on Severe Vision Loss by County
- What Is Vision Loss?
- Who May Be Affected?
- Reported Injuries or Damages
- Evidence to Preserve
- Filing Deadlines
- Frequently Asked Questions
- Can You Sue for Blindness Caused by Medical Malpractice?
- What Does the Research Say About Missed Retinal Detachment?
- How Does Early Repair Affect Retinal Detachment Outcomes?
- How Common Is Vision Loss in the United States?
Patients who lose vision after a missed diagnosis or a surgical error may bring individual medical malpractice claims. The harm alleged is permanent vision loss or blindness. One example is a missed retinal detachment.
Only individual claims exist for this kind of harm. No class action or MDL has been filed, and no recall covers vision-loss malpractice. Each claim is decided on its own facts.
Retinal detachment can cause permanent vision loss, and an insurer study of ophthalmic malpractice claims found it the most frequently missed diagnosis.
Latest Blindness and Vision Loss Medical Malpractice Lawsuit Updates
August 12, 2026: CDC Updates Vision Loss and Blindness Estimates
The CDC updated its vision loss and blindness estimates for the United States. It reports that in 2024 an estimated 32.17 million people had presenting visual acuity loss [1].
Of the 7.15 million people with best corrected visual acuity loss, over 700,000 were categorized as blind, based on visual acuity of 20/200 or worse. The figures are national estimates and do not address any malpractice claim.
April 16, 2026: Colorado Judge Lets Pilot Keep $7.2 Million LASIK Award
A Colorado state judge entered final judgment letting a pilot keep a $7.2 million jury award in a LASIK eye surgery malpractice case. The jury returned its verdict in February 2026, as reported by the ABA Journal [2].
The judge made an exception to the state’s $1 million cap on economic damages because the harm was so severe. The award applies to one individual case only.
May 22, 2015: CDC Reports on Severe Vision Loss by County
The CDC published a report on severe vision loss by county, using 2009-2013 American Community Survey data. It estimated that 4 million people aged 40 and older in the United States are blind or have vision loss.
What Is Vision Loss?
According to the CDC, vision loss and blindness are among the top 10 disabilities in the United States. The CDC study defines vision loss as best corrected visual acuity below 20/40 in the better-seeing eye [3].
Who May Be Affected?
For a retinal detachment, the National Eye Institute (NEI) says to go to an eye doctor or the emergency room right away [4].
People at higher risk include those who have had a retinal detachment before, a serious eye injury, or eye surgery such as cataract surgery.
Babies born before 30 weeks of pregnancy or weighing under about 3 pounds are at risk for retinopathy of prematurity (ROP) [5]. NEI says they need a dilated eye exam, usually 4 to 9 weeks after birth.
Patients in these situations allege that a doctor or hospital missed, delayed or mishandled care and that permanent vision loss followed. Whether you qualify depends on your own records, so an individual legal review is needed.
Reported Injuries or Damages
Claims in this area allege permanent vision loss or blindness after missed, late or mishandled care. These are allegations and not court findings.
An Ophthalmic Mutual Insurance Company (OMIC) study was reported in American Academy of Ophthalmology EyeNet by Anne M. Menke, RN, PhD. It reviewed 1,613 ophthalmic malpractice claims closed or resolved in a 7-year period ending in 2014 [6].
Of these claims, 223 (nearly 14%) involved allegations of diagnostic error. Of those, 65 (29%) specifically involved retinal detachments. Menke wrote that retinal detachment was by far the most frequently missed diagnosis in the study.
Eye News summarised a UK Royal College of Paediatrics and Child Health guideline on December 1, 2013. It says babies under 32 weeks gestational age or under 1501 g should have ROP screening, starting before discharge [7].
Evidence to Preserve
Keep these items safe, because they help show what happened and when:
- Medical records and imaging, including eye exam notes, test results and operative reports
- Dates of your symptoms and every visit
- Appointment and referral records
- Discharge instructions and consent forms
- Prescriptions and billing records
- Messages and letters with the doctor or hospital
- A symptom diary
- Records of lost work and changes in daily living
You can read more about these claims on our medical malpractice lawsuit page. Surgical cases are covered on our eye surgery malpractice lawsuit page.
Filing Deadlines
Deadlines to file a medical malpractice claim exist, and they come from state law. They depend on where you live and when the injury and the diagnosis happened.
The start date can differ by state. If a filing date passes, the claim can end however strong the facts are. Check with a lawyer promptly.
Frequently Asked Questions
Can You Sue for Blindness Caused by Medical Malpractice?
You can sue for blindness caused by medical malpractice by bringing an individual claim that alleges care was missed, delayed or mishandled. Whether a claim has merit depends on the medical records and the law of your state.
What Does the Research Say About Missed Retinal Detachment?
Research on missed retinal detachment in the OMIC study reports that 85% of the misdiagnosed retinal detachment patients had risk factors specific to the condition. The figures come from insurer-reviewed claims.
How Does Early Repair Affect Retinal Detachment Outcomes?
Early repair of a retinal detachment improves outcomes because, according to the AAO article, reattachment succeeds more often, and visual results are better, when repair comes early, especially before the detachment involves the macula.
How Common Is Vision Loss in the United States?
A 2015 CDC projection put vision loss in the United States at 10 million Americans aged 40 and older by 2050. It estimated the 2013 cost of vision problems at $145 billion.