Getting any kind of surgery will have the potential of having some sort of complication afterward. However, you might be experiencing something that could be considered malpractice. On the other hand, what you might be dealing with might not be. To help you figure out whether or not your cataract surgery complication is a result of malpractice, here are some things you should know.
What Is A Cataract
Before we get into what the complications are and what would be considered malpractice. If a person has a cataract, they get clouds in their eyes that can make their vision blurry. It is common for elderly people to get cataracts as they age and many people get their cataracts corrected with surgery. Without the surgery, a person would have to deal with blurry vision. Cataract surgery can correct the cloudiness so the person can receive sharp images.
Every surgery has potential risks but that does not mean it would be malpractice because you experienced a risk after surgery. Some common risks that people experience are a dropped nucleus, posterior capsule tear, etc. You might also experience some post-surgery issues, like infections or swelling. But that might be because of a lack of proper care after surgery.
When It Is Malpractice
The issue with deciding whether something is malpractice or not is figuring out and proving whether that is the case. For instance, you could experience a really bad side effect or a large risk from surgery, but it may not be considered malpractice. You would need to give a lot of proof that the medical team was not following the medical standard of care. This basically means that someone on the medical team did not give you the proper care that any other medical professional would have done for you under the same circumstances.
How Can I Prove That It Was Malpractice?
You will need to have an expert ophthalmology witness who has tons of experience with cataract surgeries to be the one to testify that you experienced malpractice. This is because a person who is not familiar with the surgery cannot testify whether or not they got malpractice. The expert ophthalmology witness will be the one to judge if the medical professional did not reach the standard of care that you needed to get and testify that whatever aftermath you experienced afterward is because of that negligence.
What Happens If I File For Malpractice
There are some things that you should expect if you want to start a malpractice case. Firstly, you need the expert witness to be able to testify to the fact that you experienced medical malpractice. There is also a short time frame where you can begin your case, so you should make sure you should try to be as swift as possible. You might also have a limit on how much compensation you can get because there is a damage cap.
If you have a feeling that you experienced medical malpractice from your cataract surgery, do not hesitate. You should get the compensation that you deserve for not getting the health care that you needed.