Understanding Ophthalmology Malpractice
Ophthalmology malpractice occurs when an eye doctor (ophthalmologist) provides substandard care that causes injury to a patient. Ophthalmologists are medical specialists responsible for diagnosing and treating eye conditions and performing eye surgeries. When they fail to meet the accepted standard of care – for example, misdiagnosing a condition or making a preventable surgical error – serious harm can result. Although eye specialists generally have lower lawsuit rates than some other physicians, studies and insurer data indicate that between 5% and 10% of ophthalmologists face a malpractice claim each year. In other words, these cases are not unheard of, and patients have legal recourse when negligent eye care leads to harm.
Common Types of Ophthalmology Malpractice
Ophthalmology malpractice can take many forms. Some of the most common examples of ophthalmic negligence include:
- Cataract Surgery Errors – Surgical mistakes during cataract removal or lens implantation; cataract complications account for roughly one-third of all ophthalmology malpractice claims. These errors can leave a patient with worsened vision, infections, or other serious complications after what should be a routine eye surgery.
- Failure to Diagnose Glaucoma or Retinal Detachment – Not catching a progressive eye disease like glaucoma, or missing an acute emergency such as a detached retina, in time to treat it. These diagnostic errors make up about 14% of ophthalmology malpractice cases. When an ophthalmologist fails to recognize clear signs of rising eye pressure or a retina tearing away, the patient can suffer permanent vision loss or blindness that could have been prevented with prompt care.
- LASIK and Refractive Surgery Mistakes – Errors during laser eye surgery (LASIK) or other vision correction procedures. Examples include using incorrect laser settings, operating on the wrong eye, or failing to screen out unsuitable candidates. Negligence in refractive surgery can result in serious complications like corneal damage, halos or double vision, chronic dry eye, or even vision loss requiring a corneal transplant.
- Infection and Sterilization Failures – Poor hygiene or failure to follow proper sterilization protocols during eye treatments or surgeries. The eye is very sensitive; if an ophthalmologist or staff introduce bacteria or don’t respond quickly to signs of infection (such as endophthalmitis after surgery), the patient may suffer severe pain, prolonged hospitalization, or permanent impairment of sight due to a preventable infection.
Any of these failures can have devastating consequences for the patient. Unlike some injuries that heal with time, damage to one’s eyesight is often irreversible. Victims of ophthalmology malpractice may be left partially or totally blind, facing a lifetime of special care needs, assistive devices, and lost quality of life. They often endure significant pain and emotional trauma – along with the frustration of knowing proper care could have averted the harm. Family members may also be affected, as they take on caregiving roles or bear the financial strain of ongoing treatment. These high stakes are exactly why pursuing justice is so important: it not only provides resources to help the injured patient adapt and get needed care, but it also holds negligent providers accountable so that similar tragedies might be prevented in the future.
Proving an Ophthalmology Malpractice Case
Pursuing a medical malpractice claim – especially one involving specialized eye care – can be complex. To succeed in an ophthalmology malpractice case, you (as the injured patient) must prove that the ophthalmologist violated the medical standard of care and that this negligence directly caused your injury. In practical terms, your attorney will need to show what a reasonably competent eye doctor should have done in your situation, how your doctor fell short, and how that failure led to your vision harm.
Expert medical testimony is absolutely critical in these cases. Our firm will bring in qualified ophthalmology experts who can review your medical records and testify about what went wrong. For example, an expert might explain that any prudent eye surgeon would have recognized and treated signs of an intraoperative complication, or that a careful specialist would not have missed the symptoms of glaucoma over multiple visits. These expert opinions help establish that your doctor’s actions were not just unfortunate outcomes, but clear deviations from acceptable care.
In Georgia, there are also specific legal requirements and deadlines to navigate. This state generally requires a medical expert’s affidavit to be filed with any malpractice lawsuit – essentially a sworn statement from a doctor affirming that negligence occurred. Obtaining this at the outset is something a seasoned Atlanta malpractice attorney will handle for you. Additionally, Georgia law gives most medical malpractice victims two years from the date of injury to file a lawsuit (and no more than five years from the negligent act, under the statute of repose), with certain exceptions. This makes it crucial not to delay: the sooner you involve a lawyer, the better they can preserve evidence and ensure your claim is filed within the required time frame.
Proving an ophthalmology malpractice case often involves an in-depth investigation. Our attorneys will obtain your full medical records, consult with top eye experts, and build a compelling case showing how the error occurred and how it should have been prevented. We handle all the heavy legal lifting – allowing you to focus on your health. Throughout the process, we keep you informed and supported. Remember, talking to a lawyer doesn’t cost you anything upfront: we offer free consultations to evaluate your situation, and we only get paid if we win compensation for you. By having an experienced Atlanta medical malpractice lawyer from our firm by your side, you level the playing field against hospitals and insurance companies and put yourself in the best position to secure justice.
Compensation for Ophthalmology Malpractice Victims
Eye injuries and vision loss can be life-changing, and a malpractice claim seeks to recover financial compensation to help make you whole again. While no amount of money can truly replace your eyesight or undo the trauma, a successful claim can alleviate the burdens you’re facing. Damages in an ophthalmology malpractice case may include:
- Medical Expenses: All past and future medical bills related to the injury. This includes costs of corrective surgeries, hospital stays, medications, specialist visits, rehabilitation, and any assistive devices (for example, visual aids or guide dogs) that you now require because of your vision impairment.
- Lost Wages and Loss of Earning Capacity: Income you lost while recovering, as well as the value of future earnings you might lose if your injury limits your ability to work. Vision loss can force people to change careers, reduce hours, or stop working entirely, so these economic impacts are a key part of compensation.
- Pain and Suffering: Monetary compensation for the physical pain, emotional distress, and loss of enjoyment of life caused by the malpractice. Losing one’s sight or dealing with a serious eye injury often comes with depression, anxiety, loss of independence, and other profound life changes. Georgia law allows victims to recover for these non-economic damages, recognizing how deeply an injury can affect your quality of life.
- Other Losses: If the malpractice resulted in a death (for instance, a patient suffered fatal complications from an eye surgery), the surviving family may pursue a wrongful death claim. This can provide damages for funeral expenses and the intangible “full value of life” of the loved one lost. In rare cases, punitive damages might also be awarded to punish especially egregious negligence (though Georgia courts reserve these for exceptional situations).
Recovering compensation can give you the means to access better medical care, cover day-to-day needs, and secure your family’s financial stability after an avoidable tragedy. Just as importantly, holding the negligent doctor or clinic accountable can bring a sense of justice and closure. Our Atlanta ophthalmology malpractice attorneys are committed to pursuing every dollar you deserve – not only to ease the burdens you face now, but to ensure you have support for the challenges ahead.
At Davis Adams, we are proud of the results we’ve achieved for our clients in medical malpractice cases. Our firm has obtained numerous high-value settlements and verdicts on behalf of injured patients, including several multi-million dollar recoveries. (You can see many of these on our Georgia medical malpractice case results page.) This track record of success is one reason healthcare providers and their insurers know we mean business. While every case is different, our goal is always the same – to maximize your compensation so you have the resources to move forward.
Importantly, you pay nothing upfront for our representation. We handle ophthalmology malpractice cases on a contingency-fee basis, which means you owe no legal fees unless and until we win compensation for you. This arrangement allows you to seek justice without worrying about the cost. It also aligns our interests with yours: we have every incentive to fight hard and win for you. With finances taken out of the equation, you can focus on healing and let us focus on winning your case.
Schedule a Free Consultation
You don’t have to face the consequences of an eye doctor’s negligence on your own. Our compassionate and dedicated legal team is here to listen to your story, answer your questions, and fight for the justice you deserve. If you or a loved one suffered an injury due to ophthalmology malpractice in Atlanta or anywhere in Georgia, reaching out to us is a crucial next step. We’re ready to help you understand your legal options and chart the best path forward.
Don’t wait – the law places time limits on these cases, and the sooner we can start investigating, the stronger your case can be. Contact Davis Adams today to schedule a free, no-obligation consultation. We’ll evaluate what happened, explain your rights, and give you an honest assessment of your case at no cost. And remember, you pay no fee unless we win – our No Win, No Fee promise means there’s zero financial risk to you.
Let us help carry the burden and be your advocate. Our award-winning Atlanta medical malpractice lawyers have the experience, resources, and proven results to take on even the toughest ophthalmology negligence cases. We’re available 24/7, so call us at (404) 373-8466 or fill out our online contact form whenever you’re ready. Justice is possible, and we’re here to pursue it for you. You don’t have to suffer in silence – let us fight for you and help secure the compensation you need to move forward.
Below, we've tried to anticipate some questions you might have.
- How does ophthalmology malpractice happen?
Introduction to Ophthalmology Malpractice in Georgia
Ophthalmology malpractice occurs when patients receive substandard eye care from ophthalmologists, leading to harm or injury. Ophthalmologists are medical specialists responsible for diagnosing and treating eye conditions and performing eye surgeries. In Georgia, as in other states, patients trust ophthalmologists to provide accurate diagnoses and effective treatments. Understanding how ophthalmology malpractice can happen is essential for patients and their families.
Causes of Ophthalmology Malpractice
Ophthalmology malpractice can result from various factors, primarily stemming from errors or negligence during patient care. Common causes include misdiagnosis or delayed diagnosis of eye conditions, surgical errors during procedures such as cataract surgery or LASIK, improper administration of eye medications, and failure to detect and treat eye diseases promptly. Negligence can also involve a lack of adherence to infection control protocols, disregard for patient safety, and communication failures with patients about their treatment options and potential risks.
Failure to Follow Ophthalmology Standards and Protocols
One significant aspect of ophthalmology malpractice is the failure to follow established standards and protocols in eye care. Ophthalmologists are expected to adhere to specific guidelines and best practices in their field. When they deviate from these standards, it can result in substandard care, potentially leading to complications or harm to patients’ vision.
Proving Ophthalmology Malpractice Cases
To establish an ophthalmology malpractice case in Georgia, it is typically necessary to demonstrate that the ophthalmologist owed a duty of care to the patient, that this duty was breached through negligence in diagnosis or treatment, and that this breach directly caused harm or injury to the patient’s eye health or vision. Expert testimony from qualified ophthalmology specialists who can attest to the standard of care and whether it was violated is often crucial in building a strong case.
Legal Recourse for Ophthalmology Malpractice Victims in Atlanta
Patients who believe they have suffered harm or injury due to ophthalmology malpractice have the right to pursue legal remedies in Georgia. Our Atlanta law firm specializes in medical malpractice cases, including those related to ophthalmology malpractice. We are dedicated to advocating for the rights and well-being of victims, helping them secure compensation for their injuries, medical expenses, and vision-related issues. If you believe you or a loved one has experienced ophthalmology malpractice in Georgia, contact us for a free consultation to explore your legal options and seek justice for your eye health.
- Can any personal injury lawyer handle my ophthalmology malpractice case?
No. That’s like asking, “I need brain surgery; can my primary care provider do it?” For brain surgery, you need a brain surgeon. For a medical malpractice case, you need a medical malpractice attorney. Davis Adams exclusively represents medical malpractice victims; that’s why you won’t find information about personal injury cases on this website. In contrast, most other firms that solicit medical malpractice clients primarily handle car wrecks and other personal injury cases. Just visit their websites, and you’ll see.
You have one opportunity to make the right decision for your Georgia medical malpractice case. We recommend asking every lawyer the following questions before making your choice:
Is your practice dedicated exclusively to medical malpractice cases?
If not, what percentage of your firm’s cases involve medical malpractice?
How many medical malpractice cases in Georgia have you successfully handled in the past 12 months?
Can you provide examples of Georgia medical malpractice cases similar to mine that you’ve successfully resolved?
Is your firm based in Georgia, with a long history of winning cases throughout the state?
When you’ve asked these questions and listened to the responses, you’ll likely discover that few law firms — other than Davis Adams — can provide good answers. We’d be honored to have the opportunity to speak with you.
- How much does Davis Adams charge to handle ophthalmology malpractice cases?
Like all reputable medical malpractice law firms in Georgia, our firm operates on a contingency fee model. If we recover money for our clients, we earn a percentage. If we don’t recover any money, we’re paid nothing. Don’t be fooled by the flashy TV and billboard lawyers who advertise “No fee unless you win” as if they’re offering a special deal. They’re not – all reputable law firms offer the same contingency fee payment structure.
- Who can file an ophthalmology malpractice case in Georgia?
A variety of people may be able to file a lawsuit for ophthalmology malpractice in Georgia, including:
A person injured by medical malpractice (or their representative) can file a medical malpractice lawsuit in Georgia to recover special damages (medical bills, lost wages, etc.) and general damages (commonly referred to as “pain and suffering”);
The spouse of a person injured by medical malpractice can file a medical malpractice lawsuit in Georgia to recover for loss of consortium (essentially, harm to the marital relationship);
The spouse, parents, or child of a person killed by medical malpractice can file a wrongful death medical malpractice lawsuit in Georgia to recover for the “full value of the life” of the decedent; and
The estate representative for a person killed by medical malpractice can file a medical malpractice lawsuit in Georgia to recover for the pain and suffering the decedent experienced before death, medical bills and final expenses, and in some cases, the full value of the decedent’s life (on behalf of the decedent’s next of kin).
- How long will my ophthalmology malpractice case take?
Every Georgia medical malpractice case involving ophthalmology negligence is different. Some take a few months, and some take a few years. As a general rule, we’ve traditionally advised our clients that their case will likely settle or go to trial within 24 months of our firm being hired. However, as the court system continues to recover from the Covid backlog, getting a case to trial now takes closer to 36 months.
- How much is my opthalmology malpractice case worth?
We’d encourage you to run — don’t walk — away from any lawyer who tells you what your ophthalmology malpractice case is “worth” before doing the work necessary to answer that question honestly. Before any lawyer can begin to value your case, they must engage you as a client, meet with you to hear and understand the story of what happened, order and analyze your medical records, hire expert witnesses, determine the venue for your case (the county in which the lawsuit would be filed), and confirm that amount of insurance coverage available from the defendant(s). Until those tasks are completed, no good lawyer will attempt to give you a reliable estimate as to what your case may be worth.
- Does Davis Adams take ophthalmology cases of all sizes?
Because our firm is designed to be small and highly specialized, we’re selective in the cases we can take. At any given time, we’re typically litigating about 10 cases — and each year, we receive about 1700 inquiries from prospective clients. While we’d like to help more people, we’re not willing to sacrifice the quality of our work. Thus, we limit our engagements to those involving death or catastrophic harm, where we feel like we can make the greatest impact for the client.
- Will my ophthalmology malpractice case go to trial?
The majority of Georgia medical malpractice cases are resolved through settlements prior to reaching trial, but it’s crucial to approach each case with the possibility of trial in mind from the very beginning. The reason is simple: we cannot predict which cases will ultimately go before a jury. Consequently, our medical malpractice lawyers litigate every case with a focus on trial preparation. This approach not only strengthens our client’s position during pre-trial settlement negotiations but also ensures that we are fully prepared to present our case to a jury should a negotiated resolution prove unattainable.
- Does Davis Adams handle ophthalmology malpractice cases outside of Georgia?
Yes, we routinely take complex cases around the country that require our advanced level of medical negligence expertise. To date, we’ve helped medical malpractice victims in 46 states.
- Why should I hire Davis Adams?
Our marketing people tell us this should be the first FAQ, not the last. We disagree. You should have the opportunity to learn who we are and what we’re all about before we ask for your trust in handling your medical malpractice case. We hope the information you’ve already seen gives you a sense of what makes us different, and better.
Why do we think we’re better?
First, we’re laser-focused on one thing: helping medical malpractice victims in serious cases, all day, every day. That’s a commitment we’ve made. By contrast, most other lawyers claiming to handle medical malpractice cases spend the majority of their time working on matters other than medical malpractice — car and truck wrecks, etc. Our dedication to those injured by medical negligence sets us apart.
Second, we know Georgia; it’s home for us and always has been. We’ve earned our reputation as effective and respected Georgia medical malpractice attorneys among judges, court clerks, defense lawyers, risk managers, claims adjusters, and mediators over nearly two decades. Our deep local knowledge and long-standing relationships in the legal and medical communities are absolutely essential to getting the best results for our clients.
Finally, we’ve consistently achieved extraordinary results for victims of medical negligence in Atlanta and throughout Georgia. You can see what we’ve accomplished on the Case Results page of this website, and what our clients think of us on the Client Reviews page. The people who’ve hired and trusted us in their time of greatest need are glad they did. And that’s what matters most of all.
You’re hurting.
An unfortunate trait of lawyers is that sometimes we talk when we should instead just listen. So that’s what we do first: we listen to your story, we hear what you’ve been through, and we learn as much as possible about your pain.
You’ve been through enough.
A healthcare provider you trusted for healing instead has caused harm. Even worse, when you ask questions about what went wrong, you’re unlikely to get honest answers because while your doctor should be talking to you, they are talking to their insurance company.
Let us take it from here.
The physical and emotional load you’re carrying right now is heavy — let us help. If you or a loved one in Georgia has experienced an injury during an ophthalmology procedure, we know exactly what to do, and we’re ready to get to work. Please contact us today so we can get started.
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