J
jdv
Guest
What is the name of your state? OFFENSE OCCURRED IN NC
My daughter was seen in an optometrist's office on an emergent basis - complaining of a sudden lack of vision in one eye. During examination, a medical history was taken, and details given regarding her premature birth, duration of time on 100% oxygen (known to cause retinal scar tissue), and that she had NO prior vision problems. A "Lazy Eye" diagnosis was rendered, and she was given glasses, etc. During the exam, her eyes were dilated, and a full opthamolic exam was performed. Upon routine examination some 2 years later, it was determined that she had full retinal detachment in the eye in question - and that there was only partial retinal detachment at the time of the initial examination. Had surgery been performed to reattach the retina at that time (as was indicated) she would probably have been able to maintain her sight in that eye. Surgery has now been performed, and was totally unsuccessful. She is completely blind in that eye, and there is no chance of repair. In addition, she will need a prosthetic eye at some time in the near future as the tissue is dying and shrinking.
Question:
1. Is there a basis here for medical malpractice/negligence?
2. I can not seem to find an attorney willing to take this case, so I am considering filing the case myself. Is this advisable? What are the chances of actually being able to win against an experienced attorney?
I would appreciate any feedback on this....
JDV
My daughter was seen in an optometrist's office on an emergent basis - complaining of a sudden lack of vision in one eye. During examination, a medical history was taken, and details given regarding her premature birth, duration of time on 100% oxygen (known to cause retinal scar tissue), and that she had NO prior vision problems. A "Lazy Eye" diagnosis was rendered, and she was given glasses, etc. During the exam, her eyes were dilated, and a full opthamolic exam was performed. Upon routine examination some 2 years later, it was determined that she had full retinal detachment in the eye in question - and that there was only partial retinal detachment at the time of the initial examination. Had surgery been performed to reattach the retina at that time (as was indicated) she would probably have been able to maintain her sight in that eye. Surgery has now been performed, and was totally unsuccessful. She is completely blind in that eye, and there is no chance of repair. In addition, she will need a prosthetic eye at some time in the near future as the tissue is dying and shrinking.
Question:
1. Is there a basis here for medical malpractice/negligence?
2. I can not seem to find an attorney willing to take this case, so I am considering filing the case myself. Is this advisable? What are the chances of actually being able to win against an experienced attorney?
I would appreciate any feedback on this....
JDV