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Table Of Contents
- Postoperative Vision Loss Lawsuit Overview
- Latest Postoperative Vision Loss Lawsuit Updates
- FDA Reports and Statistics
- Postoperative Vision Loss Injuries & Side Effects
- Other Common Risk Factors
- Do You Qualify for a Postoperative Vision Loss Lawsuit?
- Informed Consent Claim
- Statute of Limitations for Postoperative Vision Loss Lawsuits
- Frequently Asked Questions
- 1. What Is the Most Common Cause of Postoperative Vision Loss?
- 2. Can Vision Be Restored by Surgery?
- 3. What Should I Do If My Symptoms Worsen Over Time?
- 4. Can I Receive Compensation for Future Medical Expenses Related to Postoperative Vision Loss?
- 5. How Is Negligence Proven in a Postoperative Vision Loss Case?
- 6. What Is the Average Settlement for Postoperative Vision Loss Cases?
- 7. How Long Does a Postoperative Vision Loss Lawsuit Typically Take?
- 8. Do I Need an Attorney Specializing in Medical Malpractice for My Case?
- Get A Free Postoperative Vision Loss Lawsuit Evaluation With Our Lawyers
- References:
Postoperative Vision Loss Lawsuit Overview
Postoperative vision loss lawsuits target healthcare providers responsible for preventable blindness after surgery.
These claims primarily allege negligence in monitoring patients during procedures, failure to respond to warning signs, and inadequate positioning practices.
With hundreds of reported incidents annually, these cases often involve serious allegations of medical malpractice and violation of standard care protocols, particularly in spinal, cardiac, and head-neck surgeries.
Latest Postoperative Vision Loss Lawsuit Updates
- April 2025 – Recent studies show postoperative vision loss occurs in approximately 1 in 60,000 surgeries with an estimated 158 cases annually in the United States. Spinal surgeries account for the highest percentage at 67% of all reported cases.
- March 2025 – The American Society of Anesthesiologists has revised their practice guidelines for preventing vision loss during non-ocular surgeries, emphasizing proper patient positioning and blood pressure management during extended procedures.
- January 2025 – A $4.2 million settlement was reached in Boston for a patient who suffered permanent vision loss following a 9-hour spinal fusion surgery, where the medical team failed to monitor intraoperative positioning.
FDA Reports and Statistics
According to the FDA’s MAUDE database, there were 412 reports of postoperative vision loss between 2020-2024. The breakdown of these cases reveals:
- 67% occurred during spinal surgeries
- 22% during cardiac procedures
- 11% during other surgeries
The FDA has issued multiple safety communications regarding the increased risk of vision loss in prone position surgeries lasting over 6 hours and urged healthcare providers to implement preventative measures [1].
Ischemic optic neuropathy is a form of optic nerve damage and one of the most common causes of vision loss, accounting for 89% of the cases [2].
Related Article: Eye Surgery Malpractice Lawsuit
Postoperative Vision Loss Injuries & Side Effects
Postoperative vision loss can range from partial blurring to complete blindness and may be temporary or permanent.
- Complete Blindness: Total loss of vision in one or both eyes
- Partial Vision Loss: Blind spots, tunnel vision, or diminished visual acuity
- Loss of Color Perception: Inability to distinguish between colors
- Light Sensitivity: Painful reaction to normal light levels
Other Common Risk Factors
Other risk factors for postoperative vision loss are:
- Sleep apnea;
- High cholesterol (atherosclerosis);
- Smoking;
- Heart problems;
- Obesity;
- Increased anesthetic time (after five to six hours);
- External pressure on the eye;
- Acute angle-closure glaucoma (AACG).
Do You Qualify for a Postoperative Vision Loss Lawsuit?
You may qualify for a postoperative vision loss lawsuit if:
- You underwent surgery between 2020-2025
- You experienced vision loss or impairment within 48 hours after surgery
- Your vision problems were not present before the surgery
- You required medical intervention or treatment for your vision loss
- You can provide medical documentation linking your vision loss to the surgery
Evidence Required for a Postoperative Vision Loss Lawsuit
To strengthen your case, you’ll need to gather the following documentation:
- Medical records from before, during, and after surgery
- Surgical notes and anesthesia records
- Ophthalmological examinations and diagnoses
- Written statements from medical experts regarding standard of care
Damages You Can Recover
In a successful postoperative vision loss lawsuit, you may be eligible to recover:
- Medical expenses, including past and future treatments
- Lost wages and diminished earning capacity
- Pain and suffering
- Cost of vision aids, adaptive equipment, and home modifications
- Loss of enjoyment of life
- Punitive damages in cases of gross negligence
Informed Consent Claim
Surgery is a necessity no one takes lightly, and prior to the procedure, hospitals provide patients with consent forms outlining potential risks.
However, suppose your healthcare provider hasn’t adequately disclosed potential complications, and something goes wrong during or after the procedure; you can file a medical malpractice lawsuit against the said hospital for breaching the standard of care.
Statute of Limitations for Postoperative Vision Loss Lawsuits
The timeframe to file a postoperative vision loss lawsuit varies by state, typically ranging from 1-3 years from the date of injury or its discovery. Some states have special provisions for medical malpractice cases:
- California: 1 year from discovery or 3 years from injury date, whichever comes first
- New York: 2.5 years from injury or end of continuous treatment
- Florida: 2 years from discovery, not to exceed 4 years from incident
- Texas: 2 years from injury or when it should have been discovered
Consulting with an attorney promptly is crucial to preserve your right to compensation.
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- Retinal Detachment Accident Attorney Info
- ENT Malpractice Lawsuits
- Blindness and Vision Loss Lawsuits
Frequently Asked Questions
1. What Is the Most Common Cause of Postoperative Vision Loss?
The most common cause of postoperative vision loss is a corneal abrasion (a scratch on the cornea). Other causes of postoperative vision loss include infection, bleeding, and retinal detachment.
2. Can Vision Be Restored by Surgery?
Yes, vision can be restored by surgery in some cases. Some common surgeries that can be used to restore vision include cataract surgery, corneal transplant surgery, and glaucoma surgery. However, in some cases, the damage to the eye is too severe.
3. What Should I Do If My Symptoms Worsen Over Time?
If your symptoms worsen, seek medical attention and inform your lawyer. Updated medical records can support your ongoing or increased need for treatment and may impact your compensation claim.
Yes, settlements can include compensation for future medical expenses if ongoing treatment or additional care is needed due to POVL. Your lawyer will help estimate these costs and include them in your claim.
5. How Is Negligence Proven in a Postoperative Vision Loss Case?
Negligence is proven by establishing that the healthcare provider failed to meet the standard of care, this failure caused the vision loss, and measurable damages resulted. Expert medical testimony is typically required to establish the standard of care and how it was breached.
6. What Is the Average Settlement for Postoperative Vision Loss Cases?
Settlements vary widely based on severity of vision loss, impact on quality of life, and jurisdiction. Cases involving permanent blindness typically settle between $500,000 to several million dollars, while partial vision loss cases may range from $100,000 to $500,000.
7. How Long Does a Postoperative Vision Loss Lawsuit Typically Take?
Most cases take 1-3 years to resolve, with complex cases potentially taking longer. Factors affecting timeline include jurisdiction, case complexity, number of parties involved, and whether the case settles or goes to trial.
8. Do I Need an Attorney Specializing in Medical Malpractice for My Case?
Yes, medical malpractice cases require specialized knowledge of both medicine and law. An experienced medical malpractice attorney will have access to qualified medical experts, understand the complex procedural requirements, and be prepared to counter defense strategies from healthcare providers and their insurers.
Get A Free Postoperative Vision Loss Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for postoperative vision loss. Most states only allow 1-3 years from the date of injury to file your claim, after which you may lose your right to compensation forever.
At Schmidt & Clark, LLP, we offer:
- Free, confidential case evaluations
- No upfront costs or fees
- Payment only if we win your case
- Dedicated legal support throughout your case
References:
- https://www.uptodate.com/contents/postoperative-visual-loss-after-anesthesia-for-nonocular-surgery
- https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml