Miami, FL asked in Medical Malpractice and Personal Injury for Florida

Q: My mom's surgery was incomplete because she woke up during cataract surgery 8 months ago.

My mom went cataract surgery outpatient 8 months ago but woke during surgery. I had explained to the doctor and staff that my mom have kidney problems and that she is a very nervous person, I even asked for my mom to be given something so she would not too nervous that day but they insisted it was not necessary because she was going to be sedated during surgery. Before the surgery I even spoke and notified the anesthesiologist of the same. The doctor came out and said that my mom had woken up during surgery and he was not able to put in the lens. Thanks to the doctors expertise my mom did not lose the eye, but he was not able to put in the lens. My mom has spent all this months suffering because she cannot see in that eye and I have suffered both emotionally and financially because I cannot work since I have to be with her all day monitoring her steps. Can my mom get compensated for her mental stress and suffering caused by this incident. An attorney office said she has no case?

1 Lawyer Answer
Joel Gary Selik
Joel Gary Selik
  • Medical Malpractice Lawyer
  • Las Vegas, NV

A: The first question is, did she wake up due to something the doctors did wrong. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Additionally, what she suffered has to be considered in the context of the time and expense of a medical malpractice lawsuit.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.