An Eye Injury Lawyer Talks About Medical Malpractice Claims and Eye Doctors

The first thing we do--let's sue all the eye doctors.

This 21st Century update on Shakespeare's

famous quotation accurately sums up the

attitude of many who have had a less than

optimal medical outcome for their eye condition.

Many people seek legal redress for a bad

medical result for which there is no legal

blame. It may be that medical malpractice

cannot be proven, or it makes no economic

sense to try to prove malpractice.

Often the calls I receive are spurred by

nothing more than hurt feelings. Perhaps

the patient simply felt that the doctor treated

him or her with disrespect and wishes to get

back at the doctor by filing suit. The law

does not provide a remedy for hurt feelings

and, and it makes no economic sense to

pursue a medical malpractice case unless

the damages are severe and the liability

fairly clear.

Medical malpractice litigation involves

injuries suffered as the result of careless

medical practice. There are two important

points to understand about medical

malpractice litigation.

First, not every bad or sub-optimal result

from medical care or a medical procedure

constitutes malpractice. You cannot collect

from the doctor's insurance company

simply because medical care did not achieve

the desired result. Negligence can never be

assumed simply because an injury occurred.

It must be proven in a legally sufficient way.

Second, even if you were the victim of

medical malpractice, there are numerous

factors that play into the question of whether

you have a winnable case. The fact that a

doctor was negligent is only one of many

considerations. Because of the many

complex issues that make up a medical

malpractice case, medical malpractice

is not the type of litigation a person should

try to pursue without engaging a qualified

lawyer.

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