Exposing the LASIK Scam

One Surgeon at a Time
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 Post subject: I feel Abandoned and betrayed.....
PostPosted: Wed Jun 21, 2006 5:48 am 
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I applaud anyone that can get a settlement out of a doctor for negligent
Lasik results.

I had Laik in 1999 and 2000--wrong numbers put in machine resulting in double astigmatism--corrective surgery resulted in better but not desirable result. Plus, I lost my near vision in one eye.

Lawsuit began in 2002---I was very "DUMB" and had Lasik in Canada so have encountered MANY obstacles.

I feel very betrayed by my lawyers, because attorneys for doctors have suggested settlement again. My lawyers have indicated to ask for $75,000.00 which would be mainly their fees and costs with little left for me.

I feel abandoned if I do not let attorneys proceed, but am very upset that the pain and suffering I have experienced the last 7 years, the doctor visits, the depression of not being able to correct my eyes, the night vision problems, the pain I have, etc. etc. etc.

I am unable to wear contacts to correct my vision and glasses can be corrected to 20/40 with eyes fluctuating vision throughout day and night and virtually no night vision. I have been to counseling and on medication for several years and have begun to deal with my eye situation. New problems are glaucoma-suspect and cataracts.

Have any of you experienced this pain when your lawyers give up on you too???????


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 Post subject:
PostPosted: Wed Jun 21, 2006 2:20 pm 
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JusticeforAll,

Big victories against bad LASIK doctors are, unfortunately, few and far between. The legal system does not always bring the justice patients deserve, which adds insult to injury. As you surely know by now, there is a white wall of silence protecting bad LASIK doctors. Standard of care is low, and they want to keep it that way. If LASIK doctors all decide to stick a pencil in your eye, that becomes the standard of care.

Vision is not well understood by judges and juries -- they have to rely on the "experts". If an "expert" says, "He has 20/25 unaided visual acuity", a layperson is thinking that's good vision because they don't understand aberrations and loss of visual quality.

Our injury cannot be seen by a judge or jury. We look normal. It's not like an injury from a accident, like a broken leg or broken neck. Even plantiff attorneys have a hard time grasping it. They have to be willing to invest a lot of time learning about the technology and objective tests. They usually have other pressing cases and can only devote so much time to yours. I hate to say it, but attorneys want easy cases, not difficult ones. LASIK cases are not easy.

Going to court is a gamble. You never know who will sit on the jury and what kind of opinions they have about medical malpractice and doctors.

All these things are out of your control. It's hard to accept that a bad LASIK doctor can get away with destroying your life, even when it was totally preventable or a complete screw-up. Sometimes when the case looks so black and white, it can fall apart and the doctor walks away without a blemish on his record. Hard to swallow, I know.

But sometimes a LASIK patient makes it all the way to a jury trial and the jury is smart and sees the truth and awards a large sum of money. These cases send a signal to the LASIK industry -- you better take very good care of your patients and put their best interest first!

Yes, there have been others who felt their attorney sold them out to recover their costs. But remember this -- because you were brave enough to sue your surgeon, I can guarantee he won't forget you and he will make darn sure not to allow the wrong numbers to be programmed into the laser again. That means something. You improved the standard of care at that laser center!

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"The price good men pay for indifference to public affairs is to be ruled by evil men." Plato


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 Post subject:
PostPosted: Wed Jun 21, 2006 4:35 pm 
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You might check into the Boston Foundation for Sight. http://www.bostonsight.org


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 Post subject: Who put the wrong numbers in your machine?
PostPosted: Thu Jun 22, 2006 11:54 pm 
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I have heard so far, of two surgeons that I know of who put wrong numbers in the machine and ruined a patients' vision:

Karl Stoncipher of Greensboro, North Carolina and Stephen Slade of Houston, Texas.

Who was your Canadian Surgeon? Perhaps it is someone we would recognize.

It is frustrating feeling that you can never get justice. Hang in there with the lawsuit and win the largest victory you can. AFTER the lawsuit, publicize copies of the lawsuit all over the internet. You can often get a much larger victory from the court of public opinion than through the legal system. Widely publicized lawsuits hurt your doctor's wallet the way a lawsuit never will - his insurance would pay the lawsuit and he'd keep right on slicing and burning eyeballs - perhaps now and then with the wrong settings as he did with you!

Think about naming your doctor and making your lawsuits public! I think advertising a bad outcome is a patients' best strategy. We care about the next guy in line and we don't want tragedies to keep piling up. If it stopped with us and there were no more perhaps we could make some peace with what has happened to it. The fact that these doctors are still out there creating new casualties is what is really galling.

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We can easily forgive a child who is afraid of the dark. The real tragedy of life is when men are afraid of the light. -Plato


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 Post subject:
PostPosted: Sat Jun 24, 2006 5:27 pm 
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Quote:
AFTER the lawsuit, publicize copies of the lawsuit all over the internet.


This needs to be done BEFORE, and not after the case is settled. I can't tell you how many times I have asked people for copies of lawsuits they have filed, and then refused to provide copies. They were told to not talk about the case by their lawyers, and then once the case was settled, they were subject to a gag clause.

In each instance the individuals promised to provide copies of the lawsuit once the case was settled, and in every case the patient disappeared into a black hole never to be heard from again.


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 Post subject: This is another example of silencing of patients
PostPosted: Sat Jun 24, 2006 10:48 pm 
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Yet another example of LASIK damage being swept under the rug. It needs to be publicized as widely as possible so that it becomes common knowledge that LASIK is harming people.


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 Post subject:
PostPosted: Sun Jul 01, 2007 3:08 pm 
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I know this is an old post but wanted to add to it instead of making a new post. Lately I've been getting frustrated with my attorney because I can't get a hold of him (just a note, he's listed on the atty list that was posted on this forum). The suit was filed last year. Last I heard from him he said the doctors involved wanted to settle and was still waiting to hear from the surgeon who did my eyes, he said he expected him to decide the same way. Since then I haven't heard anything and have had a hard time getting a hold of him. I understand he probably is very busy with other cases but all I want is feedback, you know? I know he was without an assistant for a few months which made things more difficult because I could usually ask her. Now he has a new asst..but she's new so doesn't know much about this. I was just curious how long these kinds of lawsuits take? I know they could drag on for years. Also the agreement I have with my atty is they take a percentage of what is awarded to me..which is standard, correct? That's what other people have told me.


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 Post subject: Try putting your request in writing
PostPosted: Sun Jul 01, 2007 6:54 pm 
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Hi ally1,

It is standard for an attorney to receive payment for his services by taking a percentage of your award or settlement. Yes, these cases can take years but you should not be kept in the dark all this time.

Try writing your attorney a letter requesting a status report on your case -or make an official appointment to see him to discuss your case. You should be apprised of any new developments - it's your case and they are your eyes!

If this lawyer is someone you would not recommend to another patient let us know and we'll take him off the flap lawyer list.


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 Post subject:
PostPosted: Sun Jul 01, 2007 7:25 pm 
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My lawsuit lasted for 5 years. Not only do they get a huge cut off the top of your settlement (if you get one), you also have to pay the attorney's expenses, too. Sometimes I didn't hear from him for months. I'm not being critical, I just know that's how they work. Understand the state laws that apply in your case such as caps on non-economic damages (pain and suffering, loss of quality of life, etc.) and ask lots of questions about what happens if you refuse a small settlement, and what happens if your surgeon is let off the hook entirely -- are you going to be sued for his legal expenses? If you drop your lawsuit will you have to pay your attorney for his out of pocket costs? I didn't ask enough questions going in.

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Broken Eyes

"The price good men pay for indifference to public affairs is to be ruled by evil men." Plato


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 Post subject:
PostPosted: Sun Jul 01, 2007 10:17 pm 
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Thank you for your responses. Just a short version of my lasik story, when I got my surgery they mixed my numbers up with someone elses..so I got someone else's readings done on my eyes. It's good to know that you can wait months before you hear from your atty. I thought it was just me. I've never done this before so I really don't know how things work. He said once he hears back from the doctor who did my eyes (like I mentioned in my last post) the next step would be meeting with the parties involved and a mediator (I don't know if that's the correct term) to agree to a settlement.


Last edited by ally1 on Sun Dec 09, 2007 2:03 pm, edited 1 time in total.

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 Post subject:
PostPosted: Sun Jul 01, 2007 10:40 pm 
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My experience with mediation was a nightmare. I ran out of the room and burst into tears. They offered me nothing, and threatened to sue me. They tried hard to scare me into dropping the case. I didn't drop it.

In my case my pupils were mismeasured as 6mm -- they're actually 8mm. I had no warning about pupil size or permanent night vision problems. They threatened me and said they had expert witnesses who would testify that pupil size didn't matter.

Your case sounds like a slam dunk, unless they have some LASIK quacks who will testify that it doesn't matter if they use the wrong patient's measurements to treat you. :roll: You'd be amazed at what these "experts" will say for money, and to protect each other.

One of the biggest names in the industry testified for the defense in my case saying it's not a violation of standard of care to mismeasure pupils by 1mm. When asked if it's a violation of standard of care to mismeasure pupils by 2mm, he said he didn't know.

_________________
Broken Eyes

"The price good men pay for indifference to public affairs is to be ruled by evil men." Plato


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 Post subject:
PostPosted: Mon Jul 02, 2007 9:44 pm 
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It was really hard for me to believe that they mixed my readings up with another persons until I saw copies of my file and the persons name was at the top but scratched out and my name printed..or something like that. I'll have to go back and look at it. It's just so careless.

I could feel myself getting angry while reading about your experience. That's awful that they upset you that much.


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 Post subject: 'Expert witness' testimony
PostPosted: Wed Jul 04, 2007 4:05 pm 
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There's a lot to be angry about regarding malpractice cases for corneal refractive surgery - it is AMAZING what surgeons will say to protect each other.

We should start a 'sworn testimony of LASIK surgeons' thread to share some of the crap that so-called 'prominent' surgeons have said while under oath.

I agree that switching patient information and performing someone else's correction is inexcusable. Dr. Stephen Slade has done it. Dr. Karl Stonecipher has done it - to name a couple of 'prominent' surgeons whose names you may recognize.

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We can easily forgive a child who is afraid of the dark. The real tragedy of life is when men are afraid of the light. -Plato


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 Post subject:
PostPosted: Fri Aug 10, 2007 1:53 am 
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Well I'm happy to say I finally did hear from my lawyer last week. He apologized and didn't realize it had been that long. I was like ok..whatever...I'm not going to hold it against him. He wants me to go get evaluated by a doctor he knows ..that's way out of town..because all the lasik people pretty much stick together.


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 Post subject:
PostPosted: Fri Aug 10, 2007 3:09 pm 
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ally1 wrote:
Well I'm happy to say I finally did hear from my lawyer last week. He apologized and didn't realize it had been that long. I was like ok..whatever...I'm not going to hold it against him. He wants me to go get evaluated by a doctor he knows ..that's way out of town..because all the lasik people pretty much stick together.


You should probably try to find a Dr. that knows and believes the truth about LASIK, is honest, and does not support LASIK AT ALL....but good luck with that!


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