What recourse do I have regarding compensation for eye injury suffered during an unrelated medical procedure?

UPDATED: Oct 1, 2022

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What recourse do I have regarding compensation for eye injury suffered during an unrelated medical procedure?

I had colonoscopy 3 weeks ago. When I became conscious, I realized I could not open my left eye. It was itching and was unbearably painful. Some injury took place while I was sedated. From the gastrointestinal doctor’s office my son took me to my family doctor’s office from where I got an urgent referral and then my son took me to an opthalmologist. He examined me thoroughly, gave anasthetic drops and said there was corneal abrasion. He gave me some drops to be given 4 times a day and if it did not improve in 5-7 days then I should see an ophthalmologist again. The itching and pain did not go away and I could not sleep on my left side because that was hurting my injured eye. So I went to another ophthalmologist after a week in the same practice. He again examined me thoroughly and said the corneal abrasion is still there and changed the eye medicine. Now the injury is 3 weeks old, the pain and itching has reduced but is still there. I still cannot sleep in my left side, I am psychologically worried about the ultimate outcome. Do I have a case to sue the gastroenterologist for medical malpractice? If so, what is a ballpark compensation or is there a chance of mediation/arbitration?

Asked on November 16, 2018 under Malpractice Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It may be difficult to sue unless you have evidence of what they did to injure you: as the person suing, it is your obligation to prove your case, which means proving that they did the harm. Without knowing what happened or evidence of how it happened, it may be very difficult to this. And if you can't prove they harmed you, you can't win your case.
As to what such a case might be worth: there is no way to tell from this information. It depends on 1) is the damage or inury or pain permanent, or if not, how long will it last? 2) how severe is it? 3) what out of pocket medical bills will you incur? 4) will it interfere with working or earning a living? 5) Etc.--i.e. the specific facts of the injury and its impact on you wlll shape how much compensation to which you may be entitled.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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