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Would you sue? (medical case, not me) Update post #23


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Last year my mom was told that she was getting cataracts and she could have the surgery to remove them. She was 57 at the time. They were not effecting her sight really at the time but they were there. My mom went forward with the surgery. 

 

A few months later, she gets a detached retina. She goes to the same doctor and gets it reattached. Less then a week later it happens again. Another surgery and then it happens again! This time she goes in and has oil put into her eye. The oil stays in her eye for about 8 months (she is told it could be there forever if she wanted it but she wants to be able to see so she gets it removed). She has the oil removed and a week later her retina detaches again! She goes back to the same doctor and he says that there is nothing more he can do for her and suggests that she go to a nationally recognized eye hospital. She does and a week later she has yet another surgery and then she has to spend a week face down to recover from the surgery. A week later she is told she is healing nicely and can resume normal activity. They also told her that she had a lot of scar tissue that had to be removed with the surgery. A month later she goes back and they tell her that her eye sight may or may not improve. She really can't see out of the eye still. She will go back again in a few weeks.

 

Right around the time that she had the oil removed, I had a normal routine visit with my eye doctor. My appointments are normally uneventful (don't need glasses) so I start talking to him about my mom. He doesn't know her or anything. He isn't even in the same state as my mom. He said that at her age she was at "high risk" for having this happen. I guess something about her eye bouncing back too forcefully and causing this. He seemed surprised that she would have the surgery and that it would even be offered. Also my FIL (who is about 10 years older then my mom) has cataracts and they are telling him to wait till he can't see, before they remove them. So that goes in line with what my doctor was saying. 

 

So would you sue the first doctor (not the eye hospital)?

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I don't know much about cataracts, but I do know someone in their 50's who was on vacation, when his retina detached. There was no apparent reason why, but he was warned that his eyesight might not ever improve. He's a year out, and he has very little sight back. So, I'm not sure if maybe your mom would have ever gotten her sight back.

 

I would have her go for another opinion, and/or ask the 2nd doctor, if the first caused her problems.

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It might be hard to prove negligence, but a visit to a lawyer would tell you if there is a case at all.  Was she not told to lay facedown after the surgery for the first detachment?  My parents' friend had a retina detach a few years ago and he had to spent two weeks laying facedown.  He healed perfectly.  He was told if he didn't do that he'd risk detaching again.  As for cataract surgery, it's a common surgery among older people, but they usually wait until it's really bad.  My dad had his cataracts removed about 10 or so years ago (he's 70 now) and he was so amazed at how colorful the world was even on dreary days because by the time he had the surgery everything was very faded and gray to him.  One of the big issues that may make it not a case is that she knew it wasn't bad and did the surgery anyway without a second opinion.  That shows her doctor lacked certain ethics, but not negligence provided he did not directly cause the retinal detachment (which, being a known risk, she probably signed that she knew that could happen).

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I believe the repetitive surgeries would be cause for a law suit. It seems a little money hungry. he should have recommended the eye specialist hospital at the first sign of trouble. But only a lawyer would be able to tell you for sure.

 

As for your mom's eyesight, I recommend that you check out billberry as a natural treatment to help her (if anything can). Take care to check with her doctor first.

 

Sent from my Nexus 4 using Tapatalk

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Last year my mom was told that she was getting cataracts and she could have the surgery to remove them. She was 57 at the time. They were not effecting her sight really at the time but they were there. My mom went forward with the surgery. 

 

A few months later, she gets a detached retina. She goes to the same doctor and gets it reattached. Less then a week later it happens again. Another surgery and then it happens again! This time she goes in and has oil put into her eye. The oil stays in her eye for about 8 months (she is told it could be there forever if she wanted it but she wants to be able to see so she gets it removed). She has the oil removed and a week later her retina detaches again! She goes back to the same doctor and he says that there is nothing more he can do for her and suggests that she go to a nationally recognized eye hospital. She does and a week later she has yet another surgery and then she has to spend a week face down to recover from the surgery. A week later she is told she is healing nicely and can resume normal activity. They also told her that she had a lot of scar tissue that had to be removed with the surgery. A month later she goes back and they tell her that her eye sight may or may not improve. She really can't see out of the eye still. She will go back again in a few weeks.

 

Right around the time that she had the oil removed, I had a normal routine visit with my eye doctor. My appointments are normally uneventful (don't need glasses) so I start talking to him about my mom. He doesn't know her or anything. He isn't even in the same state as my mom. He said that at her age she was at "high risk" for having this happen. I guess something about her eye bouncing back too forcefully and causing this. He seemed surprised that she would have the surgery and that it would even be offered. Also my FIL (who is about 10 years older then my mom) has cataracts and they are telling him to wait till he can't see, before they remove them. So that goes in line with what my doctor was saying. 

 

So would you sue the first doctor (not the eye hospital)?

Wow, cateract surgery at 57??  I'm amazed that she would do that so soon.  The only people I have known to have this done were well into their seventies.

 

I've had the retina detach, and suspect that a drug I was given caused it (listed as a potential side effect, I find out, afterwards). It does not just tend to randomly happen for no reason, though it is true that being over 50 increases your chances a bit.    The repair was done in the office by a really skilled doctor and done right the first time. I just lucked into finding her on a Friday night  (you can't wait long after you see the dark shadow).    I think someone screwed up with your Mom, but not sure how she proves that.   Contact a med mal attorney to see about her chances. 

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Proving negligence is not easy.  Just because things don't work out doesn't make the doctor negligent.

 

Did the doctor act in a way that other doctors in that specialty in your area would act?

 

Did he get fully informed consent from your mom?

 

These are the questions that you need to answer to understand a negligence case.

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depending upon the type of cataract surgery - it's fairly common in older adults.  I know a number of cases in 60's and 70's that were uneventful.  my mom for one - in her 70s.

I do wonder why your mom kept going back to him when her retina detached that many times?  even if he specialized in retinas - I would be looking at someone else in case he had missed something.

after the 2nd time, I would also be demanding a referral to someone who specializes in retinas.

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I've had the retina detach, and suspect that a drug I was given caused it (listed as a potential side effect, I find out, afterwards). It does not just tend to randomly happen for no reason, though it is true that being over 50 increases your chances a bit.    The repair was done in the office by a really skilled doctor and done right the first time. I just lucked into finding her on a Friday night  (you can't wait long after you see the dark shadow).    I think someone screwed up with your Mom, but not sure how she proves that.   Contact a med mal attorney to see about her chances. 

 

If I recall correctly - this is a true vision emergency.  I think you have about 24 hours - from the first sign of anything being wrong. (which can easily be ignored.)

 

I know a dear lady who had "pain in my eye", and that was it.  she did get right into her dr (who sent her over to the retina guy in their practice) and was quickly treated.

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My MIL's retina detached almost 2 years ago, and it ended up taking 5 surgeries to fix it.  (She followed the advice about laying face-down, but it detached again after the first 2 surgeries.)  There didn't seem to be any immediate cause for the initial detachment, although she'd had some trauma to that eye and surgery to fix it years ago.  I don't know if her experience was typical, but your mother's story reminded me of what my MIL went through.

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If I was not given information about risks, I might consider it. Or I might sue on behalf of a relative who was obviously incapable of making those decisions or comprehending a risk statement, if I felt they'd been unduly pressured to have something of a cosmetic surgery. I wouldn't say never.

 

But I think this is a common risk for some eye surgeries, so provided they followed procedure and your mother at least appeared to be able to make decisions, no, I would not.

 

I am, however, very sorry she's facing this ordeal. :( It always seems like the risks are small until it happens to you. I hope she finds something that works to resolve her issues.

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Thank you for all the advice. Yes it is because of her young age, she didn't know how much of a risk this would be. That is the reason for a potential lawsuit. My step father, grandmother and I were trying to get her to go to a new doctor when this all was happening but she thought they were all the same.

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Thank you for all the advice. Yes it is because of her young age, she didn't know how much of a risk this would be. That is the reason for a potential lawsuit. My step father, grandmother and I were trying to get her to go to a new doctor when this all was happening but she thought they were all the same.

 

 

In order to have any surgery, including cataract surgery, you have to sign a consent form that lists risks.  Heck, I had to sign one yesterday when my son got two fillings.  Just because she didn't know how much of a risk it would be doesn't mean she didn't sign something without reading it.  You need to get her records and see what she signed.  My dad wasn't much older than she was when he had his cataracts removed.  He might have been the same age or younger.  It was *at least* 10 years ago and he is 70 now.  He really needed it done, however.  But whether you truly need it or not, the risks are the same.  His doctor went over the risks and benefits and he signed the consent forms.  The only reason I can see there being a case is if there were no consent forms signed by your mom.  It sucks that she probably didn't need the surgery (at least not yet), but she consented to having the surgery, and she refused a second opinion.  Unneeded surgery does not automatically equal negligence even when there are complications (particularly complications that are known risks).

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If I recall correctly - this is a true vision emergency.  I think you have about 24 hours - from the first sign of anything being wrong. (which can easily be ignored.)

 

I know a dear lady who had "pain in my eye", and that was it.  she did get right into her dr (who sent her over to the retina guy in their practice) and was quickly treated.

Yes!

PSA:  If you ever randomly see flashes of light at the periphery of your vision (off and on), get to a retina specialist right away.  By the time you see a dark shadow at the side (which seems to move when you look at it, so you aren't 100% positive you see it), your retina has already detached!  Get there fast. 

 

My retina specialist saved my eye with a scary looking needle and some procedure I told her not to tell me about (she told my husband).   I don't want to hear until afterward. 

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Cataracts in mid to late 50s are not uncommon.

 

At age 57, almost 58, the optometrist told me at last vision exam that I would meet qualifications for cataract surgery.  I was completely unaware I had cataracts and only went in for vision exam because I broke my almost ten year old eyeglasses in a fall.  I decided to pass on the surgery until vision becomes a problem for me. 

 

It is difficult to prove gross negligence.  My mother in law died from gran mal septicemia that was result of surgeon nicking intestine during planned gall bladder removal.  Family's attorney sent medical records to malpractice specialist attorneys in California.  They did not believe case was worth pursuing.

 

 

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Retinas can detach with no surgical cause - some people are just prone to them. Proving negligence would be very difficult, especially when it might not even be related to the cataract surgery.

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Last year my mom was told that she was getting cataracts and she could have the surgery to remove them. She was 57 at the time. They were not effecting her sight really at the time but they were there. My mom went forward with the surgery.

 

A few months later, she gets a detached retina. She goes to the same doctor and gets it reattached. Less then a week later it happens again. Another surgery and then it happens again! This time she goes in and has oil put into her eye. The oil stays in her eye for about 8 months (she is told it could be there forever if she wanted it but she wants to be able to see so she gets it removed). She has the oil removed and a week later her retina detaches again! She goes back to the same doctor and he says that there is nothing more he can do for her and suggests that she go to a nationally recognized eye hospital. She does and a week later she has yet another surgery and then she has to spend a week face down to recover from the surgery. A week later she is told she is healing nicely and can resume normal activity. They also told her that she had a lot of scar tissue that had to be removed with the surgery. A month later she goes back and they tell her that her eye sight may or may not improve. She really can't see out of the eye still. She will go back again in a few weeks.

 

Right around the time that she had the oil removed, I had a normal routine visit with my eye doctor. My appointments are normally uneventful (don't need glasses) so I start talking to him about my mom. He doesn't know her or anything. He isn't even in the same state as my mom. He said that at her age she was at "high risk" for having this happen. I guess something about her eye bouncing back too forcefully and causing this. He seemed surprised that she would have the surgery and that it would even be offered. Also my FIL (who is about 10 years older then my mom) has cataracts and they are telling him to wait till he can't see, before they remove them. So that goes in line with what my doctor was saying.

 

So would you sue the first doctor (not the eye hospital)?

To what end?

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  • 4 months later...

I have an update on this. 

 

My mom hasn't sued or even contacted a lawyer yet, but she did get her retina detached again. She will be going in for yet another surgery this Friday. She went to the #1 eye hospital in the country and it still didn't work. I don't know what more she could have done! I feel awful for her. There is little to say and even less that can be done. She is convinced she is going blind in this eye. Understandably she is depressed. 

 

If anyone can spare a prayer it would be most helpful. 

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I am so sorry you are going through this. My mother lost sight in one eye after cataract surgery. Ultimately, she didn't sue even thought I thought there might be some negligence. It is hard to prove and you need a top eye doctor to be willing to testify that there was negligence. I felt that the second eye doctor she saw implied that he would do something different when she started having complications but he wasn't willing to come out and say that even when I asked him directly. So there was no use even seeing an attorney. It was hard for my mom to cope for the first months, she had headaches and difficulty with depth perception. Now she is used to seeing out of only one eye. She had to take a special driving test at the DMV and was able to pass without any problems. She went and got driving lessons again just to make sure she was competent to drive. It helps that she bought a new car with a back up camera, better mirrors that have blind spot warnings, etc.  

Edited by Nart
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What she can do, is get her records from the first eye surgeon, and whatever facility those surgeries were done it, and from the eye hospital, and take the lot to a medical malpractice attorney for a consult. That person will likely have an expert (another eye surgeon) look over the medical records, the attorney will look over the releases she signed and such, and the attorney will give an opinion about whether she has a case worth going forward with. 

The specifics of what will fly for medical malpractice and what won't can vary from one jurisdiction to another.

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