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Risk Assessment Help Request
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Table of Contents
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Risk Assessment Help Request, Robert - Vinton, VA, 9/26/2002
 Custom ablation, Leonard Friedman, MD Washington, DC 9/27/2002, (#1)
 What To Do:, Frank, 9/30/2002, (#2)
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"Risk Assessment Help Request" Posted by Robert - Vinton, VA on 21:08:25 9/26/2002
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I'm a 45 year old male & had lasik on both eyes 2 years ago. The left eye came out OK, but I have significantly blurred vision in the right eye in anything less than daylight conditions. My lasik surgeon advised me that the problem is my pupil gets too large as light diminishes. He referred me to a specialist for C-Cap evaluation. The evaluation turned out OK and the surgeon says I'm a good candidate, but I'm concerned about going forward when there is so little data available on results and there is no FDA approval. As I reviewed the package of materials that the doctor provided, I kept reading the term "de-centered", which makes me wonder how the problem originated. If the laser, or flap, or whatever screwed up because my eye was the problem, is this a variable that could affect the outcome of the C-Cap procedure? If the guy who did my initial lasik just screwed up, then at least I can eliminate that as a risk as he's not doing the C-Cap. I'm somewhat cautious about probing these questions with the two guys I need to help me as I don't want to wave huge red legal flags (falsely, since I have no intentions along those lines). As I understand it, there's nothing coming along in the near future that is less risky, so it's this or live with blurred vision in my right eye. If I was your brother or son, or best friend, what would you tell me to do? Should I accept it as a reasonable risk or wait a few more years until we have more data? Did the first guy likely screw it up or have I just got a weird eye? A little feedback from you folks would be most appreciated as I ponder what to do.
Many Thanks.
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1. "Custom ablation" Posted by Leonard Friedman, MD on 22:16:32 9/27/2002
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If your problem is indeed decentered ablation you
will need a custom ablation to correct it. I
don't think any of us on this board can do any
more than guess how you will fare as we can't know
how bad your problem is at present. There are
refinements coming along such as C cap which can
help with irregular or decentered ablations. If
you don't feel comfortable with your second
opinion you may have to seek aditional opinions
but I'm afraid you need to be examined to get a
real opinion. Best of luck
Leonard Friedman MD Washington DC.
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2. "What To Do:" Posted by Frank on 14:21:53 9/30/2002
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"If I was your brother or son, or best friend, what would you tell me to do?"
I would sue the doctor who did your original procedure. Decentrations are an unexpected outcome, and bilateral decentrations indicate an operator error problem.
You will be looking at substantial expenses to try and correct your problems, and you may have to have repeated surgeries and perhaps even travel extensively to get it corrected. You will also miss time from work. Ultimately, you may even need corneal transplants to correct things, but that is unlikely.
What I am trying to say is that you are a victim and you need to be fixed. Why spend more of your own money to fix someone else's screwup? Make the screwer help the screwee.
That's what I did. Settled out of court for enough $ to get the fix when it is available. I'd never ever taken anybody to court. The threat to sue avoided the litigation.
The SoL may not apply in this case due to late discovery of your condition. That's for the courts to decide, and you may be looking at a summary dismissal. That's why the threat to sue is many times as strong as the suit itself.
Do some research...go down to the courts and look up records on your surgeon. If he's got a history of screwups, bang, you're there. Good luck, I know it is a bitter pill, but unless you want to continue to be a victim and let this guy continue to do it to others, you need to act.
Find a lawyer now.
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