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During an operation on my left eye...one of five muscles was…

Customer Question
During an operation on...

During an operation on my left eye...one of five muscles was severed...resulting in double vision.....

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Alabama

Lawyer's Assistant: Has anything been filed or reported?

No, not as yet.....statute of limitations is two years.....this occurred in July of 2016

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am due to have corrective surgery in April.......surgery has a 75% success rate only.....

Submitted: 4 months ago.Category: Legal
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Answered in 1 minute by:
3/12/2018
Lawyer: legalgems, Lawyer replied 4 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,649
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 4 months ago

I am terribly sorry to hear this.

That sounds horribly painful.

Medical malpractice is based on the common law doctrine of negligence. The plaintiff must prove the following elements:

1) That a duty or specific standard of care was owed (generally so for a physician)
(2) That the duty or standard of care was breached in some manner by the physician
(3) The breach caused damages to the patient (i.e. additional physical injury)
(4) The patient suffered as a result of such negligence.

Generally the plaintiff is entitled to additional medical costs reasonably foreseeable and proximately caused by the negligence; pain and suffering, diminished quality of life, punitive damages if the court determines appropriate.

Many attorneys will take such cases on a contingency fee basis; please see:

https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/lawyerfees_contingent.html

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Customer reply replied 4 months ago
I own a business in which my participation has been limited ..executing leases ....etc............I cannot drive due to double vision.......difficulty gageing depth ........eye is regularly irritated....
Lawyer: legalgems, Lawyer replied 4 months ago

Information such as that would go to pain and suffering and quality of life issues; the attorney would likely hire an expert witness to help determine just compensation.

Hopefully further surgery will correct or at least minimize the pain and discomfort.

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Lawyer: legalgems, Lawyer replied 4 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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