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The average patient does not have as much education as a specialist in laser eye surgery. For that reason, the same patient will find it hard to sue such a surgeon, should complications develop, following an operation. On the surface, it would seem that the patient could not possibly know enough to question the wisdom of a surgeon’s actions.
That is just one of the reasons that such patients often turn to an injury lawyer in Ottawa. Sometimes a lawyer can help to unearth a simple oversight. For example, maybe the members of the surgical team did not do an adequate job of getting prepared for the operation.
A second reason that a lawyer’s assistance can be a big help
Any sort of operation exposes a patient to a certain amount of risk. The minute that a cut has been made in the patient’s skin, the chance for infection increases. In addition, there is the chance that the surgical patient could develop some type of inflammation. The surgeon that operates on an eye performs a procedure that has the ability to cause blindness.
In light of those facts, an injury lawyer faces a challenging task, when speaking for the plaintiff, one that has chosen to sue a specialist in laser eye surgery. Ideally, that same lawyer will know what questions to ask. Answers to such questions can indicate whether or not something beyond the expected risks contributed to the appearance of complicating factors.
What sort of questions would the lawyer ask?
First, the lawyer would try to determine whether or not the surgery has been done properly. Were the expected precautions taken, even during the pre-surgery consultations? Did the doctor fail to note a significant contraindication? Did the doctor neglect to gather information on the patient’s pre-existing conditions?
Next the lawyer will seek out details on the local standard of care. That relates to the level of caution that a member of the medical profession is supposed to use at any given time. Was that standard followed by the patient’s/client’s surgeon?
What did the patient, the lawyer’s client know, before being wheeled into the operating room? Had that patient been told about the risks that are associated with any operation? Some doctors try to get around that requirement by sharing the information with a family member, and asking them to tell the patient. That is unfair to every member of the family, unless the patient is especially old, is too young to understand, or grew up speaking another language.
When did the complication first become apparent? What actions were taken at that time? The answers to such questions can help an injury lawyer that has agreed to work with a patient that feels compelled to sue a specialist in laser eye surgery.
When the two of them put their heads together, their shared wisdom can produce a strong argument. That argument can be used against the defense made by the lawyer for the accused surgeon.