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Can you sue for medical malpractice over cataract surgery?

On Behalf of Cronin & Maxwell

Cataract surgery rarely goes wrong these days, but it still can. When it does, you may consider making a medical malpractice claim. Claims brought against ophthalmologists are relatively few, compared to those made against surgeons. A report found that only 2.6% of all closed medical malpractice claims brought, were against ophthalmologists. Paid claims were even less, at 2.2%. 

When they do go to court, the chances of a win are not high. A separate report found that 93.5% went to trial, of which the claimant won 21.5 %, and 11.9% reached a settlement. So in two-thirds of cases, the ophthalmologist did not have to pay any money out.

While this does not mean you should never claim, consider your case carefully, if you wish to claim.

To prove a medical malpractice claim, you need to verify that the ophthalmologist did not act in the way that would be expected of an eye professional with their experience and level of expertise. You need to prove that you suffered harm as a direct result of their negligence. 

To make a claim, you will need to have an expert witness, perhaps more than one, willing to sign an affidavit to support your claim. They must say, that in their professional opinion, the ophthalmologist who carried out your cataract surgery did not give you the appropriate level of medical care and attention.  

If you consider a claim, it is essential to consult an attorney who will give you an honest evaluation of your case.

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