New Jersey Eye Surgery Malpractice Lawyers
Reviewed by Mazie Slater’s specialized eye surgery malpractice attorney [David A. Mazie – Senior Partner of Mazie Slater Katz & Freeman]
Vision is one of the most essential human senses, and losing it — even partially — can upend every aspect of a person’s life. Eye surgery, whether to remove a cataract, repair a detached retina, treat glaucoma, or correct vision through LASIK, carries inherent risks. But when an ophthalmologist, optometrist, or surgical team fails to meet the accepted standard of care, those risks become preventable injuries. At Mazie Slater Katz & Freeman, our experienced New Jersey eye surgery malpractice lawyers represent patients who have suffered partial or total vision loss, chronic pain, and other serious complications as a result of negligent eye care.
Why Choose Mazie Slater to Handle Your Eye Surgery Malpractice Case?
Mazie Slater Katz & Freeman is one of New Jersey’s most recognized plaintiff’s law firms, with a long history of winning substantial verdicts and settlements in complex eye medical malpractice cases. We have the resources, the expert network, and the courtroom track record to take on hospitals, surgical centers, and ophthalmological practices of any size. Our attorneys work on a contingency fee basis, meaning there are no attorney fees unless we win your case.
Our Successful Eye Surgery & Medical Malpractice Verdicts and Settlements
Eye surgery malpractice cases demand aggressive, experienced representation. Our attorneys have secured meaningful results for clients whose surgeons fell below the standard of care, including:
- $15.3 million settlement for sixteen former patients of Joseph Dello Russo, the self-proclaimed “King of Laser Surgery in New York”, who suffered vision issues after eye surgeries.
- $3.9 million settlement for a patient whose surgeon severed the medial rectus muscle of her eye during surgery, causing permanent double vision and chronic pain.
- $2.1 million settlement for a patient who was rendered legally blind due to the medical malpractice committed by Joseph Dello Russo during a LASIK eye surgery.
- $1.6 million settlement for a patient who suffered a corneal ectasia and visual distortion after eye surgery.
- $1.5 million settlement for a patient who suffered vision issues after LASIK eye surgery.
- $1.2 million settlement for a patient who suffered severe damage to her eye as a result of cataract surgery.
- $1.05 million settlement for a patient who was not properly instructed regarding retinal detachment following eye surgery.
- $1 million settlement for a patient who suffered partial vision loss after undergoing LASIK eye surgery.
- $900,000 settlement for a patient who became blind after an ophthalmologist committed medical malpractice during a surgical procedure to remove a sty.
Results may vary depending on your particular facts and legal circumstances.
Rated as One of the Top Medical Malpractice Law Firms in New Jersey
Medical malpractice falls under the broader umbrella of personal injury law, and Mazie Slater Katz & Freeman has been recognized in awards lists of the leading personal injury and medical malpractice firms in both New Jersey and the nation. Eye surgery malpractice cases are among the most technically demanding in medical malpractice litigation, and our firm has the experience and accolades to match that complexity. Some of our awards and recognitions include:
- 2026 Best Lawyers for Malpractice Law by Best Lawyers
- Medical Malpractice Law Firm of the Year by The National Law Journal
- We are the only New Jersey firm to have won this national honor multiple times.
- America’s Top 50 Plaintiff Law Firms for Medical Malpractice by The National Law Journal.
- Best New Jersey Medical Malpractice Attorneys by Best Lawyers in America
- David Mazie has been included on this list almost every year.
- Plaintiffs Hot List for Landmark Settlements in Medical Malpractice by The National Law Journal
- Certified Civil Trial Attorneys by the New Jersey Supreme Court
- This is a designation held by fewer than 3% of New Jersey lawyers. Our firm has five.
Unlike firms that treat eye surgery malpractice as a peripheral matter, we have decades of experience specifically in ophthalmological negligence litigation. We understand how surgical errors occur, what expert testimony is required to prove negligence, and how to quantify the devastating, long-term impact that vision loss has on a person’s life and livelihood.
Understanding Eye Surgery Malpractice in New Jersey
Eye surgery malpractice occurs when an ophthalmologist, optometrist, or surgical team fails to provide care that meets the accepted medical standard for their profession. To establish malpractice, a patient must demonstrate that the provider owed them a duty of care, breached that duty through a negligent act or omission, and that the breach directly caused measurable harm. An adverse surgical outcome is not, on its own, malpractice — but when negligence causes or worsens that outcome, the patient may have a valid legal claim.
Common forms of negligence in eye surgery cases include failure to obtain informed consent, failure to diagnose a pre-existing condition that contraindicates surgery, errors in surgical technique, use of improper or unsterile instruments, implanting incorrect lenses or tissue, operating on the wrong eye, and failure to provide adequate post-operative care. These errors can result in injuries ranging from temporary visual disturbances to permanent blindness.
What is a Cataract?
A cataract is a clouding of the lens in the eye which leads to a decrease in vision. It is a common condition associated with aging, but can also occur due to injury, certain medications, or medical conditions. Cataracts typically develop slowly over time and can eventually interfere with daily activities such as reading or driving. Treatment usually involves surgical removal of the cloudy lens and replacement with an artificial lens.
Cataract Eye Surgery Malpractice in New Jersey
Cataract surgery is one of the most frequently performed surgical procedures in the United States and is generally considered safe when performed by a skilled, experienced ophthalmologist. During the procedure, the surgeon makes a small incision on the side of the eye, uses ultrasound energy (phacoemulsification) to break up the cloudy lens, vacuums out the fragments, and replaces the natural lens with an intraocular implant (IOL) designed to restore clear vision. The procedure typically takes under 30 minutes and is performed on an outpatient basis.
Because cataract surgery is so routine, even inadequately trained or inattentive surgeons may attempt to perform it. Surgical errors and pre- or post-operative negligence can lead to severe and sometimes permanent complications. Common forms of cataract surgery malpractice include:
- Damaging a portion of the eye, including the cornea, iris, or posterior capsule, during phacoemulsification.
- Leaving lens fragments behind can trigger chronic inflammation and secondary complications, including glaucoma and retinal detachment.
- Inserting the wrong intraocular lens implant results in an incorrect prescription and persistent blurred or distorted vision.
- Using unsterile instruments can cause endophthalmitis, a serious intraocular infection that can lead to blindness if left untreated.
- Anesthesia errors during the procedure can cause patient movement or other complications.
- Failure to provide proper post-operative instructions or follow-up care allows complications such as a dislocated IOL to go undetected and worsen.
Common complications resulting from cataract surgery malpractice include chronic inflammation of the eye, persistent fluctuations in eye pressure, swelling of the retina (cystoid macular edema), secondary cataract formation, and retinal detachment. Any of these can cause significant vision loss. Careful post-operative monitoring is essential to ensure the replacement lens remains properly positioned and that the eye heals correctly.If you experienced worsening vision, persistent pain, infection, or any unexpected complication following cataract surgery in New Jersey, contact our experienced cataract surgery malpractice attorneys to evaluate whether your outcome may be the result of negligence.
What is Retinal Detachment?
Retinal detachment is a serious eye condition where the retina, the layer of tissue at the back of the eye that detects light and sends visual information to the brain, pulls away from its normal position. This detachment can occur due to various reasons such as injury, aging, or underlying eye conditions. Symptoms of retinal detachment include sudden onset of floaters (spots or specks that float in the field of vision), flashes of light, and a curtain-like shadow over the visual field. If left untreated, retinal detachment can lead to permanent vision loss. Prompt medical attention is crucial to prevent further damage and restore vision. Treatment typically involves surgical procedures to reattach the retina and prevent further detachment.
Retinal Detachment Eye Surgery Malpractice in New Jersey
Three primary surgical techniques are used to reattach a detached retina: pneumatic retinopexy (injecting a gas bubble to push the retina back), scleral buckling (placing a silicone band around the eye to counteract pulling), and vitrectomy (removing the vitreous gel and replacing it with a gas or oil bubble). Each approach carries its own set of technical demands, and failures in diagnosis, surgical judgment, or post-operative management can constitute malpractice. Common negligence scenarios include:
- Delayed diagnosis of retinal detachment by an optometrist or ophthalmologist who failed to recognize or respond to warning signs during an examination.
- Delayed treatment after diagnosis allows the detachment to progress and reduces the likelihood of successful vision recovery.
- Surgical errors during reattachment include improper gas or oil bubble placement, inadequate laser retinopexy, or failure to fully address the causative tear.
- Failure to diagnose a high-risk patient — such as a severely nearsighted patient or someone with a history of prior retinal issues — as requiring more vigilant monitoring.
- Inadequate follow-up care allows a re-detachment to go undetected and untreated.
If you suffered vision loss or worsening outcomes following retinal detachment surgery in New Jersey, or if your physician failed to promptly diagnose and refer you for treatment, contact our retinal detachment malpractice attorneys today.
What Is Glaucoma?
Glaucoma is a group of eye diseases characterized by progressive damage to the optic nerve, which transmits visual information from the eye to the brain. In the most common form, open-angle glaucoma, elevated intraocular pressure gradually damages the optic nerve over time. Less commonly, glaucoma can occur at normal pressure levels (normal-tension glaucoma) or in an acute form where pressure suddenly spikes (angle-closure glaucoma). Glaucoma is one of the leading causes of irreversible blindness worldwide.
What makes glaucoma particularly dangerous is that it often develops silently. In the early stages, patients may experience no symptoms whatsoever — vision loss typically begins at the periphery and progresses inward so gradually that many people do not notice it until significant damage has already occurred. By the time a patient detects symptoms on their own, the disease may be quite advanced. This makes regular eye examinations and accurate early diagnosis by qualified eye care professionals absolutely critical.
Glaucoma Misdiagnosis & Malpractice in New Jersey
Because glaucoma often presents without obvious symptoms in its early stages, the responsibility for detection falls heavily on optometrists and ophthalmologists during routine eye examinations. Standard screening includes measuring intraocular pressure, examining the optic nerve, and conducting visual field testing. Failure to perform these tests appropriately, to recognize the signs of glaucoma during an examination, or to follow up on borderline findings can constitute malpractice. Common forms of glaucoma-related negligence include:
- Failing to diagnose glaucoma during a routine examination
- Misinterpreting elevated intraocular pressure readings
- Failing to refer a patient to an ophthalmologist for further evaluation when glaucoma is suspected
- Failing to prescribe or adequately monitor treatment once a diagnosis has been made
The consequences of delayed or missed diagnosis can be devastating: vision loss caused by glaucoma is permanent and cannot be restored. Timely treatment can halt progression, but it cannot reverse damage that has already occurred.If you or a loved one has suffered vision loss because an eye care provider failed to diagnose or properly treat glaucoma in New Jersey, contact our experienced eye surgery malpractice attorneys to discuss whether negligence may have played a role.
What to Do If You Believe You Are a Victim of Eye Surgery Malpractice
Suspecting that your ophthalmologist or eye surgeon was negligent can be frightening and confusing. Taking the right steps as early as possible can make a meaningful difference in the strength of your case and your ability to recover compensation.
Seek Additional Medical Evaluation. If you are experiencing worsening or unexpected symptoms after eye surgery, do not wait — consult a different ophthalmologist or retinal specialist. A second medical opinion serves two purposes: it protects your health, and it creates an independent record of your condition that may be essential to your legal claim.
Preserve All Medical Records. Request copies of all records related to your eye care: pre-operative evaluations, surgical notes, operative reports, post-operative visit records, and any imaging or diagnostic testing. These documents form the factual foundation of any malpractice claim.
Document Your Symptoms and Their Impact. Keep a written record of your symptoms, their onset, and how they are affecting your daily life, work, and activities. Photographs, dates of appointments, and descriptions of changes in your vision can all serve as valuable evidence.
Avoid Making Statements to the Surgeon’s Office or Their Insurer. If the surgeon’s practice or a liability insurer contacts you seeking a statement or offering a quick settlement, do not respond without first consulting an attorney. Early settlement offers are often significantly below the true value of a claim.
Contact an Experienced New Jersey Eye Surgery Malpractice Attorney Promptly. New Jersey’s statute of limitations for medical malpractice claims is generally two years from the date the injury was discovered or reasonably should have been discovered. Missing this deadline can permanently bar your right to recover compensation. The sooner you contact our firm, the sooner we can begin preserving evidence, consulting medical experts, and building your case.
Who Is Liable for Eye Surgery Malpractice in New Jersey?
Liability in an eye surgery malpractice case depends on the specific facts of each situation. Multiple parties may share responsibility, and identifying all potentially liable defendants is a critical step in maximizing recovery.
- The Operating Surgeon
- Other Members of the Surgical Team
- The Diagnosing or Treating Optometrist or Ophthalmologist
- The Hospital or Surgical Center
- Medical Device or Equipment Manufacturers
Our attorneys conduct thorough investigations at the outset of every case, reviewing all medical records, consulting with ophthalmological experts, and identifying every party whose negligence may have contributed to our client’s injury.
Compensation for Eye Surgery Malpractice Victims in New Jersey
Victims of eye surgery malpractice in New Jersey may be entitled to recover a broad range of damages reflecting both their financial losses and the profound personal impact of a preventable vision injury.
Economic Damages
Economic damages are those that can be calculated with relative precision. They include all past and anticipated future medical expenses directly related to the malpractice, including costs of corrective surgery, medications, specialist visits, assistive devices, and long-term vision rehabilitation. Economic damages also encompass lost wages for time missed from work during recovery, as well as loss of future earning capacity if the vision injury prevents a return to one’s prior occupation or limits career advancement. In catastrophic cases involving permanent blindness, future care costs and modifications to the home or vehicle may also be included.
Non-Economic Damages
Non-economic damages compensate for losses that cannot be reduced to a dollar figure but are equally real and significant. These include physical pain and suffering associated with the injury and any corrective procedures, emotional distress and psychological harm such as anxiety or depression stemming from vision loss, loss of enjoyment of life for activities that are no longer possible, and loss of consortium for a spouse or partner affected by the injured party’s condition.
Unlike some states, New Jersey does not impose a cap on compensatory damages in medical malpractice cases, meaning our attorneys can pursue the full measure of our clients’ losses without an arbitrary legal ceiling. If a patient died as a result of eye surgery malpractice, the family may also be entitled to bring a wrongful death claim, seeking damages for funeral expenses, loss of financial support, and loss of companionship.
Contact the Top Eye Surgery Malpractice Attorneys in New Jersey
Losing vision due to a surgeon’s negligence is one of the most life-altering injuries a person can suffer. It affects the ability to work, drive, read, recognize loved ones, and engage in the activities that define quality of life. At Mazie Slater Katz & Freeman, we understand the depth of that impact, and we fight tenaciously on behalf of every client to ensure that those responsible are held accountable and that our clients receive the full compensation they deserve.
If you or a loved one suffered vision loss or another serious complication following eye surgery in New Jersey — whether related to cataract removal, retinal detachment repair, glaucoma treatment, or LASIK — contact our firm today. One of our experienced New Jersey eye surgery malpractice attorneys will respond as soon as possible to evaluate your case. There are no upfront fees; we only collect a fee if we win.
Frequently Asked Questions About Eye Surgery Malpractice
-
What is eye surgery malpractice?
Eye surgery malpractice occurs when an ophthalmologist, optometrist, or surgical team fails to provide care that meets the accepted medical standard, and that failure causes harm to the patient. This can include surgical errors, misdiagnosis, delayed diagnosis, or failure to provide appropriate follow-up care.
-
What is the most frequent case of malpractice claims in optometry?
The American Optometric Association reports that the failure to diagnose is the most frequently cited basis for malpractice claims against optometrists and ophthalmologists. This includes missing a diagnosis of glaucoma, failing to recognize the signs of retinal detachment, or failing to identify a condition that contraindicates a planned surgical procedure.
-
What is the most common eye surgical error?
Common surgical errors include damaging eye structures during cataract phacoemulsification, leaving lens fragments behind, implanting the wrong intraocular lens, using contaminated instruments, misaligning the laser during LASIK, and performing procedures on patients who were poor surgical candidates.
-
Can you sue if you lose vision from the failure to timely diagnose or treat glaucoma?
Yes. Glaucoma misdiagnosis or delayed treatment can lead to irreversible vision loss. If your optometrist or ophthalmologist failed to detect glaucoma during a routine examination, failed to properly interpret test results, or failed to prescribe treatment after a confirmed diagnosis, that negligence may support a malpractice claim.
-
Can you sue if your LASIK surgery goes wrong?
Yes. Most legal claims involving LASIK errors are brought as medical malpractice lawsuits against the surgeon or healthcare provider. For more detailed information, please visit our dedicated LASIK Eye Surgery Malpractice page.
-
Can I sue if my vision worsened after cataract surgery?
Yes, if your vision deteriorated significantly after cataract surgery and the worsening was caused by your surgeon’s failure to meet the standard of care, you may have a valid malpractice claim. Not every adverse outcome constitutes malpractice, but an attorney and medical expert can evaluate whether negligence played a role in your outcome.
-
Can I sue for retinal detachment malpractice?
Yes. If your eye care provider failed to diagnose a retinal detachment in a timely manner, delayed your referral for treatment, or performed the reattachment surgery negligently, you may have a malpractice claim. Time is especially critical in retinal detachment cases, as delayed treatment often leads to greater and more permanent vision loss.
-
How long do I have to file an eye surgery malpractice claim in New Jersey?
In New Jersey, the statute of limitations for medical malpractice is generally two years from the date the injury was discovered or reasonably should have been discovered. Some exceptions may apply depending on the circumstances. Because gathering medical expert support takes time, it is important to consult with an attorney as early as possible after you suspect malpractice.
-
How much does it cost to hire a New Jersey eye surgery malpractice attorney?
Mazie Slater Katz & Freeman works on a contingency fee basis. There are no upfront legal fees, and you pay nothing unless we successfully recover compensation on your behalf. We also advance all case-related expenses and only recover them if we win your case. Contact us today for a free consultation.