Blindness and Vision Loss Medical Malpractice Lawsuit | 2026 Latest Updates

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. An insurer study of 1,613 closed ophthalmic malpractice claims put a missed retinal detachment at the top of its missed diagnoses. Retinal detachment can cause permanent vision loss, and the National Eye Institute says to seek emergency care right away.

Latest Blindness and Vision Loss Medical Malpractice Lawsuit Updates

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 [1].

Who May Be Affected?

Retinal detachment can cause permanent vision loss. The National Eye Institute (NEI) says to go to an eye doctor or the emergency room right away [2]. 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) [3]. 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. The CDC says vision loss often affects activities of daily living, leads to depression and social isolation, and increases the risk for falls and injuries. 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 [4]. 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 [5].

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. Some states start the clock at diagnosis instead of at the injury. 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.

Is Retinal Detachment a Medical Emergency?

Retinal detachment is treated as a medical emergency because early repair helps. The AAO article says reattachment succeeds more often, and visual results are better, when repair comes early, especially before the detachment involves the macula.

What Is Retinopathy of Prematurity?

Retinopathy of prematurity is an eye condition that affects babies born early. NEI says that in advanced cases the retina can pull away, and it can cause vision loss and blindness.

How Common Is Vision Loss in the United States?

Vision loss in the United States is projected to reach 10 million Americans aged 40 and older by 2050, according to the CDC. It estimated the 2013 cost of vision problems at $145 billion.

References

1. https://pmc.ncbi.nlm.nih.gov/articles/PMC4547563/
2. https://nei.nih.gov/health/retinaldetach
3. https://www.nei.nih.gov/learn-about-eye-health/eye-conditions-and-diseases/retinopathy-prematurity
4. https://www.aao.org/eyenet/article/malpractice-risk-retinal-detachments
5. https://www.eyenews.uk.com/education/top-tips/post/the-screening-and-treatment-of-retinopathy-of-prematurity