NOTE: Our law firm does not handle optometrist malpractice cases. This article is for informational purposes only. Information found in the article does not constitute formal legal advice and does not create an attorney/client relationship.
Are you struggling with serious health issues because an optometrist was negligent? Whether they failed to diagnose a medical condition, misinterpreted test results, or made an error during ophthalmic surgery, it’s important to understand your rights and legal options.
Medical mistakes involving eye care can lead to lasting complications, including vision loss and reduced quality of life. Learning more about how optometrist negligence happens and when a provider may be held accountable can help you make informed decisions about your next steps.
How a Lawyer Can Help if You’ve Been Injured By an Optometrist
Optometrists can – and do – make mistakes when treating patients. These mistakes can fundamentally change the course of a patient’s life forever – potentially leading to vision impairment, blindness, enucleation, and, in some cases, death.
When you turn to a lawyer for help, you’ll be able to rely on them to:
- Carefully investigate the circumstances of your optometrist malpractice case
- Identify the mistake(s) made by your optometrist or ophthalmologist during the course of treatment
- Gather medical records, provider notes and charts, lab tests and reports, witness statements, photographs, and other evidence needed to build a compelling legal claim
- Bring in experts in optometry and ophthalmology to provide guidance on the more detailed and technical aspects of your case
- Assess the extent of your damages and determine what your optometrist malpractice case is worth
- Represent your best interests during negotiations with the negligent healthcare provider, medical center, and/or their insurance company
- Aggressively pursue a top-dollar verdict at trial if you don’t receive a meaningful settlement offer
No matter the injury you’ve suffered, the consequences of optometrist malpractice can be catastrophic. You might be grappling with unbearable pain and trying to navigate a life with limited vision. You may also be unable to work, which can put a serious strain on your ability to provide for your family and make ends meet.
With comprehensive legal representation, you can get your life back on track.
What Is Optometrist Malpractice?
An optometrist is a healthcare provider who specializes in taking care of your eyes. They deal with everything from correcting your vision as it declines to evaluating your eyes for signs of illness, deterioration, and disease.
Just as other doctors in Georgia are held to incredibly high standards, optometrists are as well. They are expected to exercise a “reasonable degree of care and skill” when treating patients. Ultimately, optometrists are trusted to use the level of care, skill, and knowledge they’ve obtained over their seven to eight years of schooling.
When an optometrist is careless, makes a mistake, or fails to exercise an appropriate level of care in treating a patient, they may be considered negligent. This negligence is the basis for an optometrist malpractice lawsuit if a patient gets hurt.
Examples of Optometrist Malpractice
Some of the most common reasons for these optometrist malpractice lawsuits include:
- Failure to diagnose
- Failure to dilate the pupil
- Delayed diagnosis
- Misdiagnosis
- Improper diagnosis
- Failure to diagnose cancer
- Improper management of illness
- Ordering improper tests or labs
- Misinterpreting lab results
- Failure to refer
- Failure to perform surgery
- Surgical errors
The eyes are an incredibly delicate organ, and even minor missteps can cause permanent damage. If you suspect that your optometrist or ophthalmologist made a mistake during treatment, it’s important to reach out to an experienced medical malpractice lawyer.
What Do I Have to Prove to Win an Optometrist Malpractice Lawsuit in Georgia?
Optometry malpractice refers to an eye doctor’s failure to provide an appropriate level of care, which, in turn, causes an injury or death.
When you file an ophthalmic malpractice lawsuit in Atlanta, you will typically have the burden of proving:
- Duty: You must establish that the optometrist owed you a duty of care. This exists when there is a legitimate doctor-patient relationship.
- Breach: There must be evidence that the optometrist breached the duty of care owed to you. You can establish this by pointing out specific errors made during treatment that another optometrist would not have made.
- Causation: The optometrist’s mistake must have been the actual and proximate cause of your injury or a family member’s death. Your injury cannot have been a reasonably foreseeable risk of treatment.
- Damages: You’ll need to point out damages you’ve suffered because of your injury, such as medical bills or lost wages.
Proving these elements in an ophthalmic malpractice case can be challenging, especially when medical providers and insurance companies dispute what went wrong. Evidence such as medical records, expert testimony, and documentation of your financial and personal losses may all play an important role in building a successful claim. Understanding how negligence is established can help you better evaluate your legal options after suffering harm from substandard eye care.
What Types of Damages Can I Get in an Optometrist Malpractice Lawsuit in Atlanta, Georgia?
Compensatory damages include economic and non-economic damages.
Economic damages help to counter the financial costs and losses associated with your injuries, such as:
- Hospitalization
- Surgery
- Follow-up medical care
- Rehabilitation
- Medical equipment and devices
- Future medical expenses
- Travel for medical care
- Lost wages and income
- Disability
- Diminished earning capacity
- Out-of-pocket expenses
Non-economic damages help to compensate for the trauma and life changes you experience as a victim of optometry malpractice, such as:
- Pain and suffering
- Chronic physical pain
- Post-traumatic stress disorder
- Loss of enjoyment of life
- Loss of consortium
- Embarrassment
- Disfigurement and scarring
- Mental anguish
Don’t be surprised if the optometrist (or their insurance company) tries to downplay the seriousness of your injury. Their goal is simple – to limit how much money you can secure in a lawsuit. Your lawyer can negotiate with the insurance company to maximize your compensation.
How Long Will I Have to File a Georgia Optometrist Malpractice Claim?
As with other types of medical malpractice cases, optometrist negligence actions are subject to a two-year statute of limitations in the state of Georgia. While the statute of limitations can be tolled in some situations – like when there’s a reasonable delay in discovering an injury – Georgia also has a five-year statute of repose that applies to these medical malpractice actions.
This gives you, at most, five years from the date of the optometrist’s negligence to file a lawsuit.
If you’ve lost a family member because of an optometrist’s negligence, you’ll have two years from their wrongful death to file a claim.
Seeking Legal Assistance After Optometrist Malpractice
Optometrist malpractice can leave you facing serious health issues, unexpected medical bills, and uncertainty about what to do next. If you believe an eye care provider’s negligence caused your injury, speaking with an experienced Atlanta medical malpractice lawyer can help you understand your rights.
A lawyer can review your medical records, consult with experts, and determine whether you may have a valid claim. Contact a law firm today to schedule a free consultation and learn more about your legal options.