Laser Eye Surgery / LASIK Malpractice
EXPERIENCED LASER EYE SURGERY AND LASIK ATTORNEYS.
LASIK: What is it?
LASIK (or laser-assisted in situ keratomileusis). a form of laser eye surgery, is a type of refractive laser eye surgery performed by ophthalmologists for correcting shortsightedness, long-sightedness, and astigmatism. First approved by the FDA in 1998, there have been no long-term studies for safety or effectiveness of LASIK procedures. As most insurance companies do not approve LASIK procedures, LASIK is a “cash” business. People pay thousands of dollars every day for this surgical procedure.
To understand LASIK, it is important to understand the surgical process. The operation is performed while the patient is awake and takes only five to twenty minutes for procedures on BOTH eyes. The procedure usually involves three steps: (1) creating a flap of corneal tissue, (2) remodeling the cornea underneath the flap with a laser, and (3) repositioning the flap. The patient is then discharged to return about their normal life.
LASIK: Before the Procedure
Most of the time, prospective patients meet with a LASIK counselor to determine if they are a candidate for refractive eye surgery. These counselors are usually paid salespersons, not doctors, nurses or others with medical training. At times, a non-refundable deposit is paid before the patient sees a physician. In all cases, patients should undergo a comprehensive eye exam to ensure they are not at an increased risk for LASIK complications. This is because some persons are not ideal candidates for LASIK, and procedures against unqualified persons can result in an increased chance of complications.
The eye exam should include questions about past eye disease/injury and about current illnesses from which the patient suffers. This is because certain illnesses are contraindications for LASIK, and the physician should know your medical history before proceeding with LASIK. Naturally, the eye exam should include a detailed study of the makeup of your eye(s). As explained below, determining the shape and thickness of the cornea is critical for proceeding with surgery.
The physician should also discuss risks associated with LASIK with the patient, and naturally answer any concerns the patient might have. Topics to discuss with the patient should also include what to do if there are complications post-surgery and post-surgery care. Co-management should be discussed with the patient (meaning that if your surgeon is not planning to treat you post-surgery, and another physician or ophthalmologist will be handling post-surgery care, that should be explained to the patient).
You may be asked to sign several consent forms before surgery. LASIK is a form of laser eye surgery.
LASIK: Injuries from the Procedure
Each year there are over 700,000 LASIK surgeries across the country. Of those, statistics show 5% of procedures result in complications. That’s 35,000 possible injuries every year in the United States alone. Common problems post-LASIK are:
- Blurry vision
- Warping or scarring of the cornea
- Dry or painful eyes
- Halo or starburst effects that interfere with clear vision or safe driving
- Sensitivity to light
- Loss of visual acuity, even with the best possible correction with eyeglasses
LASIK injuries can occur because of improper screening/testing, improper surgical techniques, lack of adequate equipment, improper use of equipment, inadequate post-surgery treatment and general negligence. Naturally, LASIK injuries can be quite devastating, resulting in blindness in some cases.
These problems can result from numerous causes. During a surgery, a physician may cut the cornea too shallow or too deep or may improperly use medical equipment and devices. Some injuries may result because of the failure of the physician to follow the “standard of care.” The standard of care differs by state, as for example in Tennessee, the “standard of care” is what a reasonable physician would have done in the same or a similar community.
LASIK problems, however, can also occur because the surgery should have never occurred in the first place. For example, some persons are not proper candidates. For example, some candidates have corneas that are too think to support the LASIK cutting. Others possess a feature known as keratoconus, which means a person has a cornea improperly shaped that will not support LASIK procedures.
LASIK: Unfair and Deceptive Advertising
Unlike some other forms of health care, LASIK is a cash business, meaning that those choosing to undergo LASIK have agreed to pay 100% of the cost to the provider. This has, in a sense, lead to the creation of large corporate LASIK providers, including the Laser Vision Institute (LVI) and The Laser Center (TLC). These, and other, corporations spare no expense at advertising to lure consumers into their clinics and to their surgeons. In a sense, this has resulted in the FDA imposing fines against some LASIK providers for false and deceptive advertising.
Despite fines and warnings, mass-LASIK advertising continues today, in print, on the Internet and on the radio around the globe.
Laser Eye Surgery and LASIK: Damages
Some damages you may be entitled to include:
- Past medical and pharmacy bills
- Future medical and pharmacy bills
- Mental distress
- Permanent injury
- Loss of enjoyment of life
- Pain and suffering
- Mental distress
- Loss of consortium
- Punitive damages in some instances
Do I have a case for Laser Eye Surgery or LASIK malpractice?
If you have suffered complications following LASIK or another laser eye surgery, you may be entitled to pursue a cause of action against physicians and/or the LASIK provider/laser eye surgeon. Whether or not you are a candidate to pursue an action depends on whether there was a violation of the standard of care by the surgeon and/or the clinic. It may also depend on whether you relied upon false or deceptive advertising before going forward with your treatment.
The first step in determining if you have a possible case is to contact us. Both Tim Edwards and Ed Wallis have handled LASIK malpractice cases and are prepared to review the specific facts of your case today.
No Recovery, No Fee
We take cases on a contingent basis, meaning that there is no cost to you until you win. We also front all litigation costs, meaning you need no money down to hire us as your attorneys.
The Personal Difference
When you contact us, you will personally receive a telephone call back from either Tim or Ed, not an assistant. If you send us an email, you will receive a return email from Tim or Ed, or another lawyer in our firm, not a paralegal or assistant or third party. You will receive our email addresses, our cell phone numbers, and a number that rings directly to our desks (not a receptionist that screens telephone calls). We want our clients to have access to us at anytime they need us.
For More Information
Tim Edwards
Ed Wallis
Glassman, Edwards, Wyatt, Tuttle & Cox, PC
26 N. 2nd Street
Memphis, TN 38103
Telephone: (901) 527-2125
E-Mail: CLICK HERE
For Laser Eye Surgery and LASIK help following injuries from LASIK surgery, PRK, epi-LASIK and other laser eye surgery injuries.
The authors practice with other attorneys nationally on LASIK cases, and also practice in the Mid South and Metropolitan Memphis area, an area encompassing Western Tennessee, Eastern Arkansas and Northern Mississippi. Some cities covered in our wide range of practice include Memphis (TN), Cordova (TN), Bartlett (TN), Collerville (TN), Millington (TN), Covington (TN), Somerville (TN), Ripley (TN), Dyersburg (TN), Tiptonville (TN), Union City (TN), Dresden (TN), Humboldt (TN), Milan (TN), Trenton (TN), Alamo (TN), Brownsville (TN), Jackson (TN), Bolivar (TN), Henderson (TN), Lexington (TN), Selmer (TN), Savannah (TN), Parsons (TN), McKenzie (TN), Huntingdon (TN), Paris (TN), West Memphis (AR), Marion (AR), Southhaven (MS), Olive Branch (MS), Hernando (MS), Horn Lake (MS), and Senatobia (MS). This also includes the following counties: SHelby (TN), Tipton (TN), Lauderdale (TN), Dyer (TN), Lake (TN), Obion (TN), Gibson (TN) Crockett (TN), Haywood (TN), Fayette (TN), Hardeman (TN), Madison (TN) Henderson (TN), Carroll (TN), HHenry (TN), Benton (TN), Chester (TN), Decatur (TN), McNairy (TN), Hardin (TN) Perry (TN), Tunica (MS), Desoto (MS), Tate (MS), Marshall (MS), Lafayette (MS), Crittendon (AR), Mississippi (AR), Poinsett (AR), Craighead (AR), Cross (AR), St. Francis (AR), Lee (AR), Phillips (AR). Even if you are outside of these areas, we may still be able to help, so please contact us today, as our attorneys are licensed in numerous state courts and federal courts, and can still assist in finding you an attorney to help you with your needs.


