We place a substantial amount of faith in the doctors we entrust with our medical care, including relying on them to treat illnesses and injuries that threaten one of our senses, our quality of life, or even our lives themselves. Unfortunately, doctors and other medical providers sometimes make errors or fail to adhere to the appropriate standard of care, with serious and potentially life-altering consequences. One of the worst outcomes of medical negligence is partial loss of vision or total blindness.
How does a negligent medical provider’s action sometimes lead to permanent harm, such as the loss of vision? A knowledgeable Phoenix medical malpractice lawyer can help you determine whether your injury was the result of substandard care and advise you on your legal options.
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How Medical Negligence Can Lead to Blindness or Vision Loss
How Does a Doctor’s Diagnostic Error Cause Blindness?
Diagnostic mistakes are one of the most common causes of medical malpractice injuries. A diagnostic error occurs when a doctor misdiagnoses a medical condition or fails to make a diagnosis at all. Delayed diagnosis of an injury or medical condition is also a dangerous diagnostic error, sometimes leading to worsened outcomes, permanent injury, or blindness.
Examples of diagnostic errors leading to blindness or loss of vision include the following:
- Failure to diagnose age-related macular degeneration, leading to advanced degeneration that otherwise could have been slowed with proper treatment
- Failure to diagnose cataracts
- Failure to diagnose glaucoma
- Failure to diagnose and treat diabetes or diabetic retinopathy
- Failure to promptly diagnose and treat retinal tears or detachment
- Failure to diagnose eye strokes
- Failure to diagnose an eye infection
Diagnostic errors occur when a doctor fails to correctly assess a patient, does not order the correct diagnostic tests, or misreads test results. The medical provider may incorrectly diagnose one of the above conditions as a different medical condition, delay the diagnosis until it is too late to prevent permanent harm, or fail to diagnose the patient with any eye condition. Sometimes, this can have serious consequences, such as vision impairment or blindness.
Surgical Errors Leading to Vision Loss or Blindness
Eye surgeries are not uncommon. Eye surgeons commonly perform cataract surgeries, refractive surgeries (such as LASIK), glaucoma surgery, retinal surgery, and plastic surgery to lift or repair wrinkled or drooping eyelids. When a surgeon performs a procedure in or around the delicate eye area, they must take all proper precautions to prevent causing harm. Unfortunately, a surgical error could cause blindness, including the following medical mistakes:
- Wrong site, wrong side, or wrong patient surgeries
- Laser surgery mistakes
- Anesthesia errors
- Leaving surgical instruments behind
- Incorrectly performing a procedure and causing damage to the retina or the optic nerve
- Surgical errors during brain surgery, which cause damage to the optic nerve, optic chiasm, orbital compartment syndrome, or injury to the visual cortex region in the occipital lobe of the brain
- Failure to properly sanitize equipment, leading to surgical infections
- Failure to adequately perform follow-up care, resulting in delayed detection and treatment of infection
- Failure to detect post-operative bleeding or lack of blood flow to the eye (ischemic optic neuropathy (ION)
Any of the above surgical errors can cause permanent damage to the delicate structures of the eyes, resulting in impaired vision or complete blindness in one or both eyes, depending on the type of surgical error.
Proving Liability for Medical Malpractice Resulting In Blindness or Impaired Vision
Most personal injury cases are based on negligence, requiring the injury victim to prove that the wrongdoer violated their duty to take the “reasonable care” necessary to prevent causing an injury to someone else. The standards for proving liability in medical malpractice cases vary from the duty of reasonable care. Instead, proving medical malpractice liability requires demonstrating the following:
- That a doctor/patient relationship was in place at the time the injury occurred
- The doctor owed a duty of care to treat the patient at the level of care accepted as the standard of care by the medical community
- They violated this duty of care
- The violation directly caused the injury
- The injury victim suffered damages from the injury
The word “damages” in a medical malpractice claim refers to the economic consequences of the injury as well as the physical and emotional harm.
What are the Common Damages Recovered In Medical Malpractice Blindness Cases?
Impaired vision or blindness is a serious, life-altering injury with adverse effects on all aspects of the injury victim’s life, from their personal relationships to their career and ability to perform routine daily tasks. Knowing that the vision loss was preventable if only a doctor had met the legal standard of care adds to the trauma. While a successful medical malpractice claim cannot erase the injury, it can recover an injury victim’s damages, such as the following:
- Reimbursement for medical expenses
- Anticipated future medical expenses related to the injury
- Costs of adaptive equipment and therapies
- Out-of-pocket expenses
- Compensation for pain and suffering
Because of the devastating consequences of vision loss, a successful claim could also recover compensation for additional damages, such as emotional anguish and loss of enjoyment of life.
How Long Do I Have to File an Arizona Medical Malpractice Claim for Vision Loss?
Like other states, Arizona limits the amount of time an injury victim has to file a compensation claim for their injury-related damages, including in medical malpractice cases. A medical malpractice victim who suffered vision loss or blindness due to a medical provider’s negligence has up to two years from the date the injury occurred, or the date they discovered the malpractice, to file a claim for their damages.
Most medical malpractice cases in Arizona end with a settlement from the insurance company after an attorney negotiates with compelling evidence backing their claim; however, if your case requires litigation in court, your attorney will file the lawsuit petition within two years from the injury date. In court, your malpractice lawyer will present a well-executed case to obtain a positive jury verdict and the largest possible court award for your damages.
How Can an Arizona Medical Malpractice Attorney from Knapp & Roberts Help?
It takes meticulous attention to filing details and timelines, substantial evidence of liability, and a compelling list of damages to make a successful medical malpractice claim in Arizona. Medical malpractice insurance companies are rarely in a hurry to pay out on large compensation claims and may undervalue, dispute, delay, or deny your claim. Instead of trusting an insurance company that is not on your side, call Knapp & Roberts for experienced medical malpractice representation from a lawyer who prioritizes your best interests.