Rochester, NY Cataract Surgery Error Lawyer

Cataract surgery is the single most commonly performed surgical procedure in the United States. Each year, ophthalmologists perform millions of eye lens replacements to correct the vision problems caused by cataracts. Almost all cataract surgeries – sometimes referred to in medical terms as phacoemulsification (“phaco”) or ECCE – are handled as outpatient procedures in surgical centers, hospitals and clinics.

Injured due to a Cataract Surgery Error?

The vast majority of cataract surgeries are successful, with patients suffering no serious complications. However, when mistakes are made or aftercare is not performed properly, patients can be seriously and permanently harmed. For the unfortunate few who are victimized by medical mistakes during cataract surgery or follow-up care, the results are often permanent vision loss or the need for a far more serious, costly procedure such as a corneal transplant.

Exposing Serious Surgical Errors and Failures to Deal With Complications

At Kammholz Law, you can work closely with our team who has effectively represented victims of medical malpractice or negligence such as:

  • Insertion of the wrong dye during the procedure
  • Failure to properly manage and address complications that arise during cataract surgery
  • Failure to recognize inflammation or other symptoms of a potentially severe infection that can cause loss of sight if not promptly and properly treated

Taking Action for Victims of Ophthalmologist Negligence

We have a track record of success in settlement negotiations and at trial, building compelling cases on behalf of our clients through diligent investigation and the strategic use of highly qualified medical experts.

If you or a loved one suffered a cataract surgery error, we at Kammholz Law can help pursue financial compensation for any past, present and, even, future losses and damages relating to your injury. Our legal team excels in the complex investigations of medical malpractice and negligence. We have had significant successes holding New York doctors and health systems accountable.

We are a Rochester-based medical malpractice / negligence law firm that is knowledgeable, experienced, compassionate and dedicated to helping people just like you. We will put our nearly 35 years of experience to work, determining who is responsible and holding them accountable to ensure your highest level of compensation for your injuries while also delivering you peace of mind. You are not a number, you are a highly valued client, who is seeking financial and oftentimes, emotional recovery from the serious injuries you have suffered.

Statute of Limitations for Eye Surgery Error Claim

It is in your best interest to immediately start the investigation into whether you have a valid medical malpractice/negligence claim.

There are time limits called “statutes of limitations” on how long you have to file a medical malpractice/negligence claim in New York. You must bring a formal lawsuit before the statute of limitations expires or you will be forever barred from doing so.

The statute of limitations for your claim depends on a number of factors including: who the negligent party is, type of malpractice/negligence, age of the injured patient, and whether the patient passed away as a result of the malpractice.

In addition, some hospitals and medical facilities are owned and operated by a City, a County or even the State of New York. In these circumstances, you will be required to serve a “Notice of Claim” before starting your lawsuit. Similarly, hospitals and medical facilities that are owned or funded by the United States have special rules under the Federal Tort Claims Act (FTCA) for medical malpractice claims.

Determining the applicable time frame can be confusing so contact Kammholz Law to determine whether you have a claim and what the applicable statute of limitations is. We are here to help!

Let Us Take It From Here! FREE Consultation!

We’re here to help! To schedule a free consultation, please call us at 585.678.4500 or complete the secure form below.

Paying For Your Personal Injury Case

We Get Paid Only When You Get Paid

There is no cost to find out whether you have a valid claim. There is also no cost to actually pursuing a claim, should you have one. If there is a successful outcome, we receive our costs and a percentage of what you receive called a contingency fee.

New York’s Judiciary Law Section 474-A, sets the amount of the contingency fee for medical malpractice based upon a “sliding scale” starting at 30% and reducing to as little as 10% depending upon the amount of the recovery. Specifically, the attorney’s fee is 30% on the first $250,000 of the sum recovered. On the next $250,000 recovered, the fee is 25%. On the next $500,000 recovered the fee is 20%. On the next $250,000 recovered the fee is 15%. After that, on any amount recovered over $1,250,000, the fee is 10%. Percentages are calculated on the net amount after expenses and disbursements are deducted. Expenses are costs such as medical expert reviews/testimony, court filing fees, medical records and other costs to properly pursue the claim.

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