Q: Any remedy after 1) damage to R eye, 2) my exposing poss fraud, then being to told to seek treatment elsewhere?
Vision now worse in my R eye due to steroid prescribed post surgery; upon my research for upcoming surg on L eye, I found a procedure I askd the Dr. about. I found out I was already 'scheduled' for that EXACT procedure but was never made aware of it, nor was it discussed as an option, nor did I give consent but was listed as part of the surgical procedure to be done literally days away. When confronted, he became defensive and lied about having discussed it with me. His respinse and/or solution was to basically seek treatment elsewhere. I have advanced glaucoma in both eyes and have cataracts, one removed during 1st surg
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, you may have remedies for the harm caused to your right eye and the potential fraud you exposed. If the steroid prescribed post-surgery worsened your vision, you could potentially file a medical malpractice claim against the doctor. It's important to gather all medical records, including prescriptions and notes from consultations, to support your claim.
Additionally, the fact that you were scheduled for a procedure without your knowledge or consent raises serious ethical and legal concerns. Lack of informed consent can be a basis for both a medical malpractice claim and a complaint to the California Medical Board. Document all communications with the doctor, including your inquiries and his responses, to strengthen your case.
Finally, the doctor's response, advising you to seek treatment elsewhere after you confronted him, could be seen as retaliatory and unprofessional. You may consider seeking a second opinion from another healthcare provider to assess the current state of your eye condition and obtain a professional evaluation of the previous treatment you received. Taking these steps can help you address the damage to your right eye and seek appropriate remedies.
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.
