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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Personal Injury Law
Satisfied Customers: 2983
Experience:  personal injury and medical malpractice attorney
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Eye Doctor installed the wrong lens perscription and had to

Customer Question

Eye Doctor installed the wrong lens perscription and had to replace with the right Lens for Cataract operation and wants to bill me for his mistake. I feel I should not have to pay for his mistake.
Submitted: 2 years ago.
Category: Personal Injury Law
Expert:  Christopher B, Esq replied 2 years ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

First, you are talking about a medical malpractice claim against the eye doctor. For a case such as this, the statute of limitations is a time limit set by law which creates a deadline for filing a lawsuit. If you start your claim after the deadline has expired the case will be thrown out. In New Jersey the statute of limitations for medical malpractice is two years from when the patient (or sometimes a particular family member, parent, or guardian) either knew, or should have known with the exercise of reasonable diligence, that the injury has occurred and there is a reasonable possibility that the injury was caused by medical malpractice.

In order to establish a claim for medical malpractice, you will have to establish that the care you received fell below the accepted standard of care and it caused you harm. The standard of care is how a normal physician in the same specialty would care for you in similar circumstances. You will need to request your medical records from that physician as well as any medical records for care from other physicians related to this injury. An expert in this field will then need to analyze you records and be able to testify on your behalf that the care was below the applicable standard. You will then have to prove that you were damaged by such care. It is very hard to give any opinions regarding the validity of your case without a thorough examination of the medical record. If you can prove these things, the damages you could ask for range from the cost of your care, pain and suffering, possible lost wages if applicable and possibly punitive damages (these are damages above and beyond that punish the health care provider for especially bad care). So yes your requests would be reasonable if the care of the dentist eye doctor was below the standard of care. You can either retain an attorney or simply contact the dentist eye doctor and negotiate without an attorney. Having your medical bills taken care of his more than reasonable if this eye doctor was at fault.

If you believe you still have a case, I would take this to a qualified medical malpractice attorney to further ascertain your claim. This attorney will likely give a free consultation and will take the case on a contingency basis which means you will pay no up front fees but will give a percentage of any settlement or judgment (usually around 40%) to that attorney. They will normally have experts to analyze your case and can properly ascertain the amount of your possible damages.

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