Do you think I should take (legal?) action for (minor?) issue?

Mary, many people here suffer from dysphotopsia and/or isssues like constant plain post op, etc. So, if you are able fix your issues I find it ridiculous to complain just because someone was rude and unprofessional. Take it easy and enjoy your vision if you're lucky enough

I had a flare following cataract removal, vitrectomy and ERM peel. I mentioned it to the surgeon at a later visit and he agreed that it was likely to have been caused by 'ridges' at the back of my capsule. A YAG laser capsulotomy was arranged and performed and removed the problem.

There was never any need for me to ask for it to be done and, of course, none of my diagnoses and treatment cost me a penny as it was all done under the NHS at an excellent regional specialist eye hospital.

The NHS has come under a certain amount of criticism recently, but this is as a result of underfunding and oversupscription (we have a large number of foreigners coming here for free medical treatment, and the general public keep trying to insist that it should be stopped).

As to whether you want to make a complaint or take legal action, that's up to you. The only thing that might have annoyed me was the first doctor appearing disinterested. Perhaps he was under a lot of pressure of work at the time.

I think it depends on how much effort and aggravation you want to go through. The cost to correct the issue is likely under the small claims court limit for your state, assuming you are in the US. One option would be to get the correction made by another doctor and then make a claim against your first doctor. If they don't respond, then threaten small claims court action. The doctor's cost to lawyer up will likely far exceed your claim, and they will likely back down. And, if they don't and you are prepared to represent yourself in small claims (more aggravation), and you have the opinion of the second doctor to provide as evidence, you are likely to win.

Hi Mary,

I absolutely think you should file a complaint of some sort. Not just because of his poor/uncaring bedside manner but because he left you high and dry to solve the problem yourself by seeking help elsewhere. Its as if he received his large payout for doing the surgery and now you are left to your own devices to resolve issues that he knows full-well are present. For him to shrug his shoulders and say 'unlucky I guess" is negligent when he definitely can see there is a problem. These doctors like to fluff stuff off as if its nothing when in fact, you need your eyes for absolutely everything. I think he needs to be concerned and if you are able to take some legal action just so he knows you don't take his inconsiderate demeanor lightly then you should most definitely do so.

Hi Mary

Sorry to hear you have treated so unfair.

And happy to hear, your problem can be solved 😃

I understand that you would like to get some sort of redemption from the unfair doctor, which would be fair.

But - it will probably never happen.

In a case like this, the doctors lawyer will negotiate some sort of settlement, maybe you will get compensated, maybe not, but you will never get the doctor to acknowledge that he should have treated you differently.

I know several people who have taken legal action against former employers that have treated them unfair, and they usually get some sort of compensation, but that does not take away the feeling of being treated wrongly.

What is right for you, is something only you know, but I am afraid you could easily use your time, money and effort on something, that in the end just have stressed you even more.

Best of luck!

Even though we hear of someone suing someone every day, its actually difficult to prove there was negligence at the time of your visit and that this caused you harm and this harm caused you injury and that injury caused additional damage. While its possible your dr misdiagnosed your discomfort and it did cause you distress and wasted time and some expense, a lawyer wants to make money. There is only so much this case can sue for and of that the atty gets 30%. How much time is he spending for expert witness and gathering papers etc to get what he feels his time ($200 an hour?) is worth. Thats the problem with medical malpractice. Its got to be big enough to make a few people money. Someone mentioned small claims court. The maximum there is $8000 and again of that expenses are paid in fees, and taxes.

I wish we could sue for rudeness and indifference. I feel for your unhappiness but you would probably only perpetuate your own distress by filing for any compensation.

Hi Mary:)

I would first schedule the YAG from the 2nd doctor, as the YAG should be covered by insurance. (Actually, the 2nd opinion should have been covered, too.) Allow yourself to feel safe and to heal more easily by going to a doctor who has proven trustworthy.

Then I would l research if there is any mechanism for filing a complaint with the medical board in your area. This wouldn't give you any financial compensation, but it might help other patients from suffering the same fate as you.

Another thing you can do (in USA, don't know if it's global) is to write an honest online review on Yelp! Many people use Yelp to research doctors (and all kinds of businesses), so the doctor would care about your review as it affects his/her business bottom line.

I agree with others that you may find little relief in court. But you may find some emotional relief in calling out the surgeon's incompetent after-care.

My short answer is no - don't sue. And I don't say it glibly or without sensing your disappointment and frustration.

I say this from personal experience and going that route for a different issue (not vision or health related). The only one who ends up better off is the lawyers who get paid no matter the outcome. I tell people to settle or let it go. Also reason I never use term justice system - it is s legal system where often times no justice is found.

You will only bring more frustration upon yourself than it is worth. Thankfully you have the solution and enjoying better vision now. Some have to let much harder things go and live with consequences of others actions a lifetime and no justice.

Just enjoy your life - don't look back.

hi mary,

i would write a formal complaint letter to your first doctor and the medical board of your state or area. this is a common issue that should have been addressed immediately by dilating the eye to double check that everything was ok. my first surgeon responded the exact same way. it wasnt until i sought out a second and third opinion with being dilated until the mistake was found.

in my case, suing would not have brought me any restitution, only blue cross blue shield and the lawyers would have received compensation.

complaining to the powers that be is the only way for the doctor or surgerical center to know what actually happened with a follow through examination. a complaint letter doesn't have to nasty, just factual. im still working on my draft to my original surgeon ( im finding it difficult not to be emotional). the surgical center (seperate entity from surgeon) has my updated file

i also have video of each exchange if they need it.

I am having issues along the same lines as yourself and may end up out of pocket having to get another opinion as my surgeon like yours has dismissed any issues I am having.I don't know what steps I will take just yet but for my own peace of mind and the way he has made me feel I will be taking some.My complaint with him is not so much to do with the medical issues which as yet I do not know were anything he did or did n't do but his attitude towards me and dismissal of my concerns I just feel he should be brought to task about the way he treats people so others won't have to put up with it.