Eye Surgery Malpractice Lawsuit | 2025 Latest Updates

Eye Surgery Malpractice Lawsuit Overview

Eye surgery malpractice lawsuits involve legal claims against ophthalmologists, surgical centers, or hospitals for negligence during eye procedures.

The primary allegations include failure to meet the standard of care, surgical errors, misdiagnosis, and inadequate informed consent.

The standard of care in an eye surgery malpractice lawsuit will depend on established state case law and the unique circumstances of the case [1]. 

Many cases result from popular procedures like LASIK, cataract surgery, and retinal reattachment operations.

When healthcare providers fail to deliver the level of care that would be expected from a similar doctor in the same situation, they may be liable for resulting injuries.

Latest Eye Surgery Malpractice Lawsuit Updates

• February 2025– Recent court rulings have expanded the definition of “standard of care” for ophthalmologists, making it easier for plaintiffs to establish negligence in eye surgery malpractice cases. This development strengthens patients’ positions in ongoing litigation across several states.
• December 2024 – A landmark settlement of over $3.2 million was awarded to a patient who suffered permanent vision loss following a LASIK procedure where the surgeon failed to properly screen for contraindications and obtain informed consent.
• October 2024 – The FDA released new safety guidelines for ophthalmological procedures, emphasizing stricter patient screening protocols and enhanced informed consent requirements, particularly for elective vision correction surgeries.

FDA Reports and Statistics

Recent FDA MAUDE database reports reveal concerning trends in eye surgery complications.

Key statistics include:

• Over 700 serious adverse events related to LASIK procedures were reported in the past three years.
• Approximately 22% of reported eye surgery complications involved infection or inflammation.
• Vision disturbances, including halos, glare, and blurred vision, account for 35% of LASIK-related complaints.
• Dry eye syndrome was reported in 48% of patients experiencing post-LASIK complications.
• The FDA has issued warnings about specific LASIK devices and techniques that have shown higher rates of complications.

These reports highlight the importance of proper patient screening, surgical technique, and post-operative care in preventing serious vision-threatening complications.

Eye Surgery Malpractice Injuries & Side Effects

Eye surgery malpractice can result in various injuries and side effects that significantly impact a patient’s quality of life and vision.

• Vision Impairment: Blurred vision, double vision, decreased visual acuity, or complete vision loss
• Chronic Dry Eye Syndrome: Severe dryness, burning, and discomfort requiring ongoing treatment
• Corneal Damage: Abrasions, scarring, or permanent corneal damage requiring additional surgeries
• Light Sensitivity: Photophobia, halos, glare, and difficulty driving at night
• Infection: Bacterial, viral, or fungal infections that can threaten vision
• Foreign Objects: Surgical instruments or materials left in the eye
• Iris Prolapse: Iris tissue protruding through the surgical wound
• Retinal Detachment: Separation of the retina from underlying tissue, requiring emergency treatment
• Capsular Contraction Syndrome: Complication of cataract surgery causing blurred vision

Do You Qualify for an Eye Surgery Malpractice Lawsuit?

You may qualify for an eye surgery malpractice lawsuit if:

• You underwent an eye procedure such as LASIK, cataract surgery, or retinal reattachment surgery
• You experienced complications or injuries not disclosed as normal risks
• The surgeon or medical staff deviated from the accepted standard of care
• Your injuries required additional medical treatment or resulted in permanent damage
• You can provide medical documentation linking your injuries to the surgical procedure
• You are filing within your state’s statute of limitations for medical malpractice

Evidence Required for an Eye Surgery Malpractice Lawsuit

Building a successful eye surgery malpractice case requires specific types of evidence:

• Complete medical records from before, during, and after the procedure
• Documentation of all communications with the surgeon, including informed consent forms
• Photographs or medical imaging showing the injury or damage
• Expert testimony from qualified ophthalmologists regarding the standard of care
• Records of additional treatments, medications, or surgeries required to address complications
• Documentation of your symptoms and their impact on your daily life

Damages You Can Recover

Victims of eye surgery malpractice may be entitled to compensation for:

• Medical expenses, including corrective surgeries and ongoing treatments
• Lost wages and diminished earning capacity
• Pain and suffering, both physical and emotional
• Permanent disability or disfigurement
• Loss of enjoyment of life
• Punitive damages in cases of gross negligence

Common Types of Eye Surgery Medical Malpractice Cases

Lasik Eye Surgery Medical Malpractice

LASIK surgery is one of the most common elective procedures in ophthalmology, but when negligence occurs, patients can suffer serious complications.

Common issues in LASIK malpractice cases include:

• Failure to properly screen candidates with conditions that contraindicate LASIK
• Improper flap creation or management
• Incorrect laser calibration or programming
• Inadequate post-operative care

LASIK malpractice insurance may cover a patient’s increased medical expenses, lost wages, additional surgery, and pain and suffering. Some cases may also involve product liability if defective equipment contributed to the injury.

Retinal Reattachment Surgery Medical Malpractice

Retinal reattachment surgery addresses a retinal detachment caused by trauma or disease. When surgeons breach the standard of care during this surgery, it can lead to blurry vision, permanent blindness, or eye loss, giving rise to medical malpractice claims.

Related Article: Blindness and Vision Loss Medical Malpractice Lawsuit

Cataract Surgery Medical Malpractice

Many patients seek cataract surgery to remedy their impaired vision. However, when cataract surgery goes wrong, it can lead to double vision, infection, or a major disability. Some patients lose lines of vision, resulting in partial blindness.

As part of their risk management strategy, cataract surgeons maintain large malpractice insurance policies to cover any damage to the patient.

Eye Surgery Medical Malpractice Examples

Deficient Informed Consent

Eye surgeons must give patients advance notice of eye surgery’s potential complications during preoperative discussions. Failure to explain the risks involved and alternative treatments before surgery could lead to a medical malpractice case if surgery results in an injured patient.

Misdiagnosis

Another common basis for a malpractice claim involves a misdiagnosis by an eye doctor during the initial consultation [2].

Failure to review a patient’s medical records or perform the necessary tests can lead to a misdiagnosis, unnecessary surgery, and progression of the patient’s genuine medical issue.

Surgical Error

When discussing eye operation malpractice, most people think of mistakes made during Lasik procedures and other surgical errors.

Some of the repercussions for patients who experience a surgical error include:

• Vision impairment
• Light sensitivity
• Additional surgeries
• Severe dry eye syndrome
• Pain and suffering

Surgical error is a significant cause of injury during many surgical procedures, but doctors aren’t likely to admit they made a mistake.

“Every doctor makes mistakes, but medicine’s culture of denial (and shame) keeps doctors from ever talking about those mistakes, or using them to learn and improve. ” – Brian Goldman, Physician

Insufficient Sterilization

Many medical negligence claims stem from insufficient equipment sterilization before surgery. An eye doctor who wishes to perform Lasik eye surgery to resolve a patient’s condition can still face a Lasik malpractice case if proper sterilization did not take place before examining a post-op patient.

Standard of Care in an Eye Surgery Malpractice Lawsuit

The human eye is sensitive, so any eye surgery could go wrong. However, most eye surgery medical malpractice cases stem from the most popular types of surgery [3]. 

Many courts have adopted either minimal or reasonable competence as the initial threshold for meeting the standard of care.

Some of the factors that help courts determine the standard of care for an eye operation malpractice case include:

• Location of the surgery
• Availability of modern treatment options
• Level of emergency
• Local infrastructure
• Technological advancements

An expert witness from the medical community will assist the court in determining the standard of care on a case-by-case basis.

Related Article: Blindness and Vision Loss Medical Malpractice Lawsuit

Eye Surgery Medical Malpractice Settlement

Most eye operation medical malpractice cases settle for very large compensation amounts before they reach trial.

What Is The Average Malpractice Settlement?

The average payout for a medical malpractice settlement in the United States is over $240,000.

Several factors will determine the settlement amount, including:

• Nature of the injury
• The severity of the injury
• Pain and suffering
• Loss of employment
• Age of the patient

What Is The Highest Malpractice Settlement?

The highest malpractice settlement is $20.1 million for failure to treat a brain injury. However, that settlement is only the highest known payout.

Usually, the patient will sign a non-disclosure agreement to keep the medical malpractice settlement amount private.

Eye Surgery Medical Malpractice Compensation

The eye surgery medical malpractice compensation that an injured patient receives will vary due to various factors.

Some of the factors that determine compensation amounts include:

• Strength of the plaintiff’s case
• The extent of injury to the patient
• Defendant’s medical malpractice insurance policy
• The estimated cost of trial
• Accrued patient expenses
• Doctor malfeasance

Statute of Limitations for Eye Surgery Malpractice Lawsuits

The statute of limitations for eye surgery malpractice lawsuits varies by state, typically ranging from 1-3 years from the date of injury or discovery of injury.

Some states have specific provisions for medical malpractice cases that differ from other personal injury claims.

In many jurisdictions, the “discovery rule” applies, meaning the statute of limitations begins when the patient discovered or reasonably should have discovered the injury and its connection to medical negligence.

Some states also have a statute of repose, which sets an absolute deadline for filing regardless of when the injury was discovered. For example, a state might allow filing within 2 years of discovery but set an absolute limit of 7 years from the date of the procedure.

Related Articles:

• Postoperative Vision Loss Lawsuit
• Loss of Vision in One Eye Settlement Info

FAQs

1. What Compensation Can Be Sought in an Eye Surgery Malpractice Lawsuit?

Compensation may include medical expenses, lost wages, pain and suffering, rehabilitation costs, and, in some cases, punitive damages, depending on the severity of the malpractice.

2. Who Can Be Held Liable in an Eye Surgery Malpractice Case?

Liable parties can include the surgeon, medical staff, hospital, or clinic, depending on who was responsible for the negligence that led to the malpractice.

3. What Steps Should I Take if I Suspect I Am a Victim of Eye Surgery Malpractice?

Seek a second medical opinion, document your symptoms and experiences, and consult with a malpractice attorney to evaluate your legal options and potential claim.

4. How Do I Prove That My Eye Surgery Complications Were Caused by Malpractice?

Proving malpractice typically requires expert medical testimony establishing that your surgeon deviated from the standard of care and that this deviation directly caused your injury. Medical records, witness statements, and additional medical opinions are essential evidence.

5. What is Considered a Breach of Standard of Care in Eye Surgery?

A breach occurs when an ophthalmologist fails to provide the level of care that a reasonably competent specialist would provide under similar circumstances. This might include surgical errors, improper patient selection, failure to obtain informed consent, or inadequate follow-up care.

6. How Long Does an Eye Surgery Malpractice Lawsuit Take?

Most cases take between 1-3 years to resolve, with many settling before trial. Complex cases involving permanent vision loss or blindness may take longer, especially if the defendant contests liability.

7. Will My Case Go to Trial or Settle Out of Court?

Approximately 95% of medical malpractice cases settle before trial. However, insurance companies may initially offer low settlements, requiring negotiation or the filing of a lawsuit to achieve fair compensation.

8. How Much Does It Cost to Hire an Eye Surgery Malpractice Lawyer?

Most medical malpractice attorneys work on a contingency fee basis, meaning you pay nothing upfront and they receive a percentage (typically 33-40%) of your settlement or verdict. If you don’t recover compensation, you typically owe no attorney fees.

9. Can I File a Lawsuit for Bad LASIK Results if I Signed a Consent Form?

Yes, signing a consent form doesn’t protect a surgeon from negligence claims. While it acknowledges you were informed of risks, it doesn’t waive your right to sue if the doctor failed to meet the standard of care during your procedure.

10. Is There a Cap on Damages for Eye Surgery Malpractice Cases?

Many states have enacted caps on non-economic damages (pain and suffering) in medical malpractice cases, ranging from $250,000 to $750,000 depending on the jurisdiction. Economic damages like medical bills and lost wages are typically not capped.

Get Your Free Eye Surgery Malpractice Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for eye surgery malpractice. Most states restrict the filing period to just 1-2 years from the date of injury or discovery of injury. Waiting too long could permanently forfeit your right to compensation.

At Schmidt & Clark, LLP, we offer:

• Free, confidential consultations to evaluate your case
• No upfront costs or fees
• Payment only if we win your case
• Experienced medical malpractice attorneys who understand the complexities of eye surgery cases

Don’t let valuable time slip away. Contact our skilled legal team today to begin building your case and securing the compensation you deserve for your eye surgery injuries.

References

1. https://www.bcm.edu/news/types-of-misdiagnosis-that-can-harm-patients-during-covid-19
2. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
3. https://health.wusf.usf.edu/npr-health/npr-health/2022-11-28/he-woke-up-from-eye-surgery-with-a-gash-on-his-forehead-what-happened
4. https://www.ted.com/talks/brian_goldman_doctors_make_mistakes_can_we_talk_about_that?language=en