Cataract and Eye Surgery Malpractice in New York

Common Eye Surgery Procedures and Risks

Eye surgery encompasses a range of procedures, each with its own risks:

• Cataract surgery: Removal of the clouded lens and replacement with an artificial intraocular lens (IOL). Risks include infection (endophthalmitis), bleeding, retinal detachment, dislocated IOL, wrong IOL power, and vision loss.
• LASIK and refractive surgery: Laser vision correction to reduce dependence on glasses or contacts. Risks include dry eye, glare, halos, under-correction, over-correction, flap complications, and vision loss.
• Retinal surgery: Including vitrectomy, scleral buckle, and laser photocoagulation for retinal detachment, macular hole, and diabetic retinopathy. Risks include retinal detachment, bleeding, infection, cataract, and vision loss.
• Glaucoma surgery: Including trabeculectomy and tube shunt placement to lower intraocular pressure. Risks include infection, bleeding, hypotony (low pressure), and vision loss.
• Corneal surgery: Including corneal transplant (PKP, DSEK, DMEK) and cross-linking. Risks include graft rejection, infection, and vision loss.
• Oculoplastic surgery: Including eyelid surgery (blepharoplasty), ptosis repair, and tear duct surgery. Risks include dry eye, eyelid malposition, and vision changes.
• Strabismus surgery: Surgery to align the eyes. Risks include over-correction, under-correction, and infection.

Types of Eye Surgery Malpractice

Eye surgery malpractice can occur in several ways:

• Surgical errors: Errors during the procedure itself, such as damaging the retina, cornea, or lens; improper IOL selection or placement; or laser errors. [Link to: /surgical-error-lawyer]
• Wrong IOL power: In cataract surgery, using an IOL with the wrong power can cause significant refractive error, requiring additional surgery or glasses.
• Failure to calculate IOL power correctly: IOL power is calculated based on measurements of the eye. Errors in measurement or calculation can lead to wrong IOL power.
• Infection (endophthalmitis): Failure to maintain sterile technique, or failure to diagnose and treat infection promptly, can cause vision loss. [Link to: /hospital-negligence/hospital-infections]
• Retinal detachment: Cataract surgery can cause retinal detachment. Failure to recognize and treat retinal detachment promptly may be negligence. [Link to: /medical-malpractice/failure-to-monitor]
• Failure to obtain informed consent: Operating without properly explaining the risks, benefits, and alternatives. [Link to: /surgical-errors/informed-consent]
• Unnecessary surgery: Performing eye surgery that was not medically indicated. [Link to: /surgical-errors/unnecessary-surgery]
• Improper patient selection: Performing LASIK or other refractive surgery on patients who are not good candidates (e.g., thin corneas, dry eye, autoimmune disease).
• Equipment errors: Errors in the use of lasers, phacoemulsification machines, or other equipment.
• Failure to recognize and treat complications: Failure to recognize and treat complications (infection, retinal detachment, bleeding) promptly can worsen outcomes. [Link to: /surgical-errors/post-operative-hemorrhage]

Cataract Surgery Errors

Cataract surgery is one of the most common surgical procedures in the United States, but errors can cause serious complications:

• Wrong IOL power: Using an IOL with the wrong power can cause significant nearsightedness or farsightedness, requiring additional surgery (IOL exchange) or glasses.
• IOL dislocation: The IOL can dislocate if it is improperly placed or if the capsular bag is damaged. This may require additional surgery.
• Posterior capsule rupture: The posterior capsule (the membrane that holds the IOL) can rupture during surgery, causing the lens material to fall into the vitreous. This is a known risk, but improper technique can increase the risk.
• Retinal detachment: Cataract surgery increases the risk of retinal detachment. Failure to recognize and treat retinal detachment promptly may be negligence.
• Infection (endophthalmitis): Infection inside the eye can cause vision loss. Failure to maintain sterile technique, or failure to diagnose and treat infection promptly, may be negligence. [Link to: /hospital-negligence/hospital-infections]
• Bleeding: Bleeding during or after surgery can cause vision loss. [Link to: /surgical-errors/post-operative-hemorrhage]
• Cystoid macular edema (CME): Swelling in the macula can cause vision loss. Failure to recognize and treat CME may be negligence.

LASIK and Refractive Surgery Errors

LASIK and other refractive surgeries carry specific risks:

• Improper patient selection: Performing LASIK on patients who are not good candidates (thin corneas, dry eye, autoimmune disease, high refractive error) can cause serious complications.
• Flap complications: The corneal flap created during LASIK can dislocate, wrinkle, or develop epithelial ingrowth.
• Over-correction or under-correction: The laser can remove too much or too little tissue, causing residual refractive error.
• Dry eye: LASIK can cause or worsen dry eye, which can be chronic and debilitating.
• Glare, halos, and starbursts: Visual disturbances can occur, particularly at night.
• Ectasia: Weakening of the cornea causing it to bulge forward, requiring a corneal transplant. This is more likely in patients with thin corneas or pre-existing keratoconus.
• Infection: Corneal infection can cause scarring and vision loss.
• Failure to obtain informed consent: Patients must be fully informed of the risks, benefits, and alternatives, and must be told that LASIK is elective. [Link to: /surgical-errors/informed-consent]

Retinal Surgery Errors

Retinal surgery carries specific risks:

• Retinal detachment: The retina can detach during or after surgery. Failure to recognize and treat retinal detachment promptly may be negligence.
• Bleeding: Bleeding in the eye (vitreous hemorrhage) can occur during or after surgery. [Link to: /surgical-errors/post-operative-hemorrhage]
• Infection (endophthalmitis): Infection inside the eye can cause vision loss.
• Cataract: Vitrectomy can cause cataract formation, requiring additional surgery.
• Failure to use appropriate technique: Retinal surgery requires specialized techniques, including laser photocoagulation, gas or oil tamponade, and scleral buckling. Failure to use appropriate technique may be negligence.
• Failure to recognize and treat complications: Failure to recognize and treat complications (retinal detachment, bleeding, infection) promptly can worsen outcomes.

Glaucoma Surgery Errors

Glaucoma surgery carries specific risks:

• Infection: Infection can occur, particularly with tube shunts. [Link to: /hospital-negligence/hospital-infections]
• Bleeding: Bleeding can occur during or after surgery. [Link to: /surgical-errors/post-operative-hemorrhage]
• Hypotony: Low intraocular pressure can cause vision loss.
• Failure of the bleb: In trabeculectomy, the filtering bleb can scar down or leak, causing the surgery to fail.
• Failure to recognize and treat complications: Failure to recognize and treat complications (infection, bleeding, hypotony) promptly can worsen outcomes.

When Eye Surgery Errors Constitute Malpractice

Not every bad outcome from eye surgery is malpractice. Eye surgery carries known risks -- infection, bleeding, retinal detachment, and vision loss can occur even when the surgeon does everything right. Malpractice requires a deviation from the standard of care that caused harm.

Eye surgery malpractice occurs when:

• The surgeon used improper surgical technique, causing damage to the retina, cornea, or lens.
• The surgeon used the wrong IOL power, or failed to calculate IOL power correctly.
• The surgeon performed surgery on a patient who was not a good candidate (e.g., LASIK on a patient with thin corneas).
• The surgeon failed to maintain sterile technique, causing infection. [Link to: /hospital-negligence/hospital-infections]
• The surgeon failed to recognize and treat complications (infection, retinal detachment, bleeding) promptly.
• The surgeon failed to obtain informed consent. [Link to: /surgical-errors/informed-consent]
• The surgeon performed an unnecessary surgery. [Link to: /surgical-errors/unnecessary-surgery]

Proving Your Eye Surgery Malpractice Case

To prove an eye surgery malpractice case, you need:

• Medical records: Including pre-operative records, operative reports, IOL calculations, post-operative records, and imaging studies (OCT, fundus photos, ultrasound). [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]
• IOL calculation records: The biometry and IOL power calculations used in cataract surgery.
• Imaging studies: OCT, fundus photos, and ultrasound. [Link to: /radiology-errors/mri-malpractice]
• Expert review: Independent review by board-certified ophthalmologists.
• Standard of care evidence: Establishing what the standard of care requires and how the surgeon deviated from it.
• Causation evidence: Establishing that the deviation caused the harm (not a known risk of the surgery).
• Expert testimony: From qualified experts.

New York Statute of Limitations

Eye surgery malpractice claims are subject to the 2.5-year statute of limitations for medical malpractice (CPLR 214-a), running from the date of the negligent act.

Key considerations:

• Date of the negligent act: The 2.5-year clock starts on the date of the surgery (or the date of the post-operative negligence).
• Continuous treatment doctrine: If you continued to receive treatment from the same ophthalmologist for the same condition, the statute may be extended.
• Municipal hospitals: If the surgery occurred at a municipal hospital (NYC Health + Hospitals), a notice of claim must be filed within 90 days. [Link to: /hospital-negligence/suing-nyc-h-h]
• Wrongful death: If the malpractice caused death (rare in eye surgery but possible with severe infection or anesthesia complications), the wrongful death claim must be filed within 2 years. [Link to: /wrongful-death-lawyer]

Common Defense Arguments and How We Counter Them

Defense: The complication was a known risk of the surgery.

Defense attorneys use several arguments in eye surgery malpractice cases:

• Our Counter: While complications like infection and retinal detachment are known risks, the standard of care requires the surgeon to minimize these risks and to recognize and treat them promptly when they occur. If the complication was caused by a deviation from the standard of care (e.g., improper technique, wrong IOL power), or if the surgeon failed to recognize and treat it promptly, the provider is liable.

Defense: The patient had a pre-existing eye condition that caused the poor outcome.

Our Counter: Pre-existing conditions (diabetes, high myopia, dry eye) may increase the risk of complications, but they do not excuse a deviation from the standard of care. If the deviation caused or worsened the harm, the provider is liable. [Link to: /delayed-diagnosis-lawyer/loss-of-chance]

Defense: The IOL power was calculated correctly, but the patient eye healed differently.

Our Counter: We examine the IOL calculations, biometry, and operative report to determine whether the calculations were correct and whether the appropriate IOL was selected. If the calculations were wrong, or if the wrong IOL was selected, the surgeon is liable.

Defense: The patient was not a good candidate for LASIK, but insisted on the procedure.

Our Counter: The surgeon has a duty to refuse to perform a procedure that is not in the patient best interest. If the patient was not a good candidate for LASIK, the surgeon should have declined to perform the procedure. [Link to: /surgical-errors/informed-consent]

Compensation Available

A successful eye surgery malpractice claim in New York can provide compensation for:

• Medical expenses: Including past and future medical care, revision surgeries, medications, and visual aids
• Lost wages and lost earning capacity: For time missed from work and reduced ability to work (particularly if vision loss affects the patient occupation)
• Pain and suffering: NY has no cap on non-economic damages
• Vision loss: For partial or complete vision loss, which significantly impacts quality of life
• Permanent disability: For vision loss and other permanent conditions
• Future medical care costs: Including ongoing eye care, visual aids, and rehabilitation
• Loss of consortium: For the impact on family relationships

What to Expect Working with MDLaw Firm

When you contact MDLaw Firm about a potential eye surgery malpractice case:

• Free Consultation: We listen to your story and review the basic facts.
• Immediate Deadline Assessment: We evaluate the 2.5-year statute of limitations, the continuous treatment doctrine, and any municipal notice of claim deadlines.
• Record Retrieval: We obtain all medical records, operative reports, IOL calculations, and imaging studies. [Link to: /resources/how-to-get-medical-records-for-a-lawsuit]
• Expert Review: We engage board-certified ophthalmologists to independently review the records.
• Causation Analysis: We establish the causal connection between the deviation and the harm.
• Litigation: We file within the statute of limitations and handle all aspects of discovery and trial.
• Resolution: We pursue maximum compensation through settlement or verdict.

Frequently Asked Questions

The value of a medical malpractice case in New York depends on several factors, including the severity of the injury, the strength of liability evidence, and the economic and non-economic damages involved. New York is one of the few states with no caps on medical malpractice damages, meaning there is no artificial limit on what you can recover. Below are typical settlement ranges based on injury severity.