Reviewed by Mazie Slater’s specialized LASIK malpractice attorney [David A. Mazie – Senior Partner of Mazie Slater Katz & Freeman]

LASIK has helped millions of people see clearly without glasses or contact lenses, and for the vast majority of patients, it is a safe, well-established procedure. But LASIK is elective surgery performed on eyes that are otherwise healthy, which makes a negligent outcome especially devastating. When a LASIK surgeon fails to properly screen a candidate, makes an error during the procedure, or mismanages a complication afterward, a routine outpatient surgery can leave a patient with permanent vision loss. At Mazie Slater Katz & Freeman, our experienced New Jersey LASIK malpractice lawyers represent patients who have suffered these preventable, life-altering injuries.

Mazie Slater Katz & Freeman is one of New Jersey’s most recognized plaintiffs’ law firms, with a long history of winning substantial verdicts and settlements in LASIK and other eye surgery malpractice cases. We have the resources, the ophthalmological expert network, and the courtroom track record to take on solo LASIK surgeons and the large refractive surgery chains that back them. Our attorneys work on a contingency fee basis, meaning there are no attorney fees unless we win your case.

LASIK malpractice cases require attorneys who understand both the ophthalmology and the business side of the refractive surgery industry. Our attorneys have secured significant results for clients whose LASIK surgeons fell below the standard of care, including:

Results may vary depending on your particular facts and legal circumstances.

Medical malpractice falls under the broader umbrella of personal injury law, and Mazie Slater Katz & Freeman is consistently recognized among the leading personal injury and medical malpractice firms in both New Jersey and the nation. LASIK malpractice cases are among the most technically demanding in medical malpractice litigation, requiring attorneys who understand refractive surgery techniques, pre-operative screening standards, and how the LASIK industry operates. Some of our awards and recognitions include:

Unlike firms that treat LASIK malpractice as a routine or peripheral matter, we have decades of experience specifically litigating claims against LASIK surgeons and refractive surgery centers. We understand the pre-operative screening a LASIK candidate is owed, what ophthalmological expert testimony is required to prove negligence, and how to quantify the impact that impaired vision has on a person’s career, safety, and quality of life.

LASIK malpractice occurs when a LASIK surgeon, ophthalmologist, or surgical team fails to provide care that meets the accepted standard for their profession, and that failure causes harm to the patient. Because LASIK is elective surgery performed on an eye that does not need to be operated on to preserve health or vision, the standard of care is especially exacting — a surgeon who rushes a patient through screening, ignores warning signs, or fails to manage a complication properly can be liable even though the patient consented to the general risks of LASIK. An adverse outcome alone is not malpractice, but when negligence causes or worsens that outcome, the patient may have a valid legal claim. For a broader look at eye surgery malpractice generally, including cataract, retinal detachment, and glaucoma malpractice, visit our Eye Surgery Malpractice page.

LASIK (laser-assisted in situ keratomileusis) is an elective ophthalmologic surgical procedure where the eye surgeon uses a small blade or a laser to cut a flap on the patient’s cornea, peels back the corneal flap, and then uses a laser to reshape the underlying corneal tissue. The purpose is to change the curvature of the patient’s cornea so the patient will no longer need to use contact lenses or eyeglasses to see clearly. Two related procedures — PRK (photorefractive keratectomy) and PTK (phototherapeutic keratectomy) — reshape the cornea without cutting a flap and are sometimes used for patients whose corneas are not suited to traditional LASIK.

Most LASIK patients are satisfied with their results. FDA-sponsored research on LASIK Quality of Life has found that the vast majority of patients report being satisfied with their vision after surgery, with fewer than 1% experiencing difficulties. However, when LASIK malpractice occurs, the resulting injuries tend to be far more severe and permanent than the temporary side effects most patients experience. Injuries our specialized LASIK malpractice attorneys have handled include:

LASIK malpractice claims generally trace back to one of three points in a patient’s care.

Before performing LASIK, a surgeon must evaluate whether a patient is an appropriate candidate for the procedure using corneal topography and other pre-operative testing. Certain conditions substantially increase the risk of a poor outcome, and in many cases should disqualify a patient from LASIK altogether, including forme fruste keratoconus, pellucid marginal degeneration, subclinical keratoconus, other forms of corneal distortion, unusually thin corneas, high levels of myopia, unusually large pupils, and certain autoimmune or connective tissue disorders. A surgeon who fails to order appropriate testing, misreads or disregards the results, or fails to warn the patient of an elevated risk before proceeding may be liable for the injuries that follow.

Even a properly screened patient can be injured by errors during surgery, such as an unevenly cut or displaced corneal flap, a laser that is miscalibrated or aimed off-center, or removal of too much or too little corneal tissue.

Poor outcomes can also result from inattention to post-surgical warning signs, such as inflammation, infection, or an unstable corneal flap, in the days and weeks following surgery. Prompt diagnosis and treatment of these complications is critical to preventing permanent damage.

If you believe a LASIK surgeon’s negligence caused your vision loss or complications, contact our experienced LASIK malpractice attorneys to discuss your case.

Suspecting that your LASIK 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.

Liability in a LASIK 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.

Our LASIK malpractice attorneys conduct thorough investigations at the outset of every case, reviewing all pre-operative testing and medical records, consulting with ophthalmological experts, and identifying every party whose negligence may have contributed to our client’s injury.

Victims of LASIK malpractice in New Jersey may be entitled to recover a broad range of damages reflecting both their financial losses and the personal impact of a preventable vision injury.

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 the cost of corrective surgery, medications, specialist visits, and vision aids. 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, particularly for jobs that require sharp visual acuity.

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, and loss of enjoyment of life for activities — like driving at night or working at a computer — that are no longer possible or are significantly harder.

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.

Losing vision due to a LASIK surgeon’s negligence is a uniquely frustrating injury, because the surgery was never medically necessary in the first place. At Mazie Slater Katz & Freeman, we understand that frustration, 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 LASIK surgery in New Jersey, contact our firm today. One of our experienced New Jersey LASIK 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.