Whether you have spent time working with an optometrist or an ophthalmologist, eye doctors can diagnose and treat your eye issues in order to improve your vision and your eyes’ abilities. However, working with an eye doctor is not always a pleasant experience. In some cases, you could face an issue such as a misdiagnosis, a medical error, lack of informed consent, improper treatment, etc. that could have a negative impact on your eyesight. If you think that an eye doctor is responsible for your eye issues, you may be interested in suing the doctor. On this page, I will outline the four main elements of an eye doctor lawsuit. Determine if your situation fits these elements to see if you have a case.
Elements of Malpractice
Just because your eye condition worsens after seeing an eye doctor does not necessarily mean that the doctor is legally responsible or made a mistake. Most lawsuits are based on four elements. Consider these elements to determine if you have a case.
The first element is “duty.” Doctors such as optometrists and ophthalmologists owe their patients a duty of care to treat their eye issues. Did your doctor have a duty of care towards you? Were you paying them for a service? Did you give them the information that they needed to diagnose and treat you? Consider these questions to determine if the doctor had a duty of care towards you.
The second element is “breach.” After establishing that the doctor had a duty towards you, you also have to prove in a lawsuit that this duty was breached. Breach of duty means failure to meet the duty of care required. Breach of duty may result from a failure to diagnose, misdiagnosis, lack of informed consent, or another issue.
The third element is “causation.” Causation essentially means that the breach of duty resulted in an injury that you sustained. It is not enough simply for the doctor to have a duty towards you and to breach it. You must also prove that the breach of duty directly caused your injury.
The fourth and final element is “damages.” Damages refer to the actual injury that you sustained. Breach of duty may occur in some doctor-patient relationships, but if an injury did not result from that breach of duty, there are no damages and you won’t have a medical malpractice case. You will have to prove your injuries in court through medical expenses, medical records, pain and suffering, and more.
Help With Your Case
If you can prove the four elements listed above, you will likely have a solid medical malpractice situation and case to work with. However, it is important to keep in mind that each situation is different. It is in your best interest to discuss your specific circumstances with a personal injury lawyer, preferably one who has worked with medical malpractice cases in the past. My staff is happy to help you. We can review your situation, find the right lawyer for you to work with, and ensure that you take the proper steps moving forward to get the compensation that you deserve. Contact us today for more information