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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash
April 26 - Newsblog #31
In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 17 - Newsblog #33
In the News: Barrel Blast Triggers Wrongful Death Lawsuit
May 24 - Newsblog #34
In the News: when a Product Manufacturer is Not at Fault
May 31 - Newsblog #35
In the News – College Doc’s Sexual Abuse of Students Coming to Light
June 7 - Newsblog #36
In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #37
List of Troubled Nursing Homes Released
June 21 - Newsblog #38
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #39
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #40
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #41
In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
July 24 - Newsblog #42
In the News: Malpractice Lawsuit Yields Largest Award in History
August 28 - Newsblog #43
In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses


A doctor examining a patients eye

Your cataract surgery was supposed to be fairly routine: in-and-out in minutes, little to no pain, a day or two to recover, then better vision than ever. But, somehow, things didn’t turn out that way and you’ve had nothing but pain, with vision problems worse than before. You’re understandably angry and want to sue the ophthalmologist who treated you. Do you have a winnable medical malpractice case, you wonder?

After forty years as a practicing personal injury lawyer in Indiana, I can give you a “definite” answer: it depends! The fact that you experienced injury to your eyesight following the surgery does not necessarily mean there was malpractice.  The pivotal question is this: Did your doctor provide treatment in line with “the level of care that a reasonably competent healthcare professional with similar training and in the same medical community, would have provided under the circumstances”?

Let’s consider: The purpose of cataract surgery is to remove a cloudy lens from a patient’s eye, replacing it with an artificial lens. So what may have gone wrong?

During the surgery:

  1. The anesthetic might have been inadequate or improperly administered
  2. The wrong lens might have been inserted
  3. The back of the lens capsule was perforated, allowing the vitreous gel inside the eye to ooze forward through the pupil

Post-surgery: Infection might have set in because openings were left in the eye tissue.

You’re not sure whether any of the above mistakes were made by your physician. What you do know is that your vision problems are now severely impacting your ability to drive, to perform your regular duties at work, and your everyday activities.  You specifically experience one or more of the following symptoms:

  • Glare caused by bright lights is a problem.
  • You cannot pass a vision test required to renew your driver’s license.
  • You have double vision.
  • You notice a big difference in vision when you compare one eye to the other.
  • Your eyes feel dry all the time and are very red.
  • You have pain “behind” your eyes.

Medical malpractice lawsuits are no simple matters.  First of all, Indiana law requires that you begin a medical malpractice lawsuit within two years of first discovering the symptoms, so it’s important that you talk with a personal injury lawyer as soon as possible. If you’re intending to sue for damages over $15,000, the complaint will need to be submitted to a medical malpractice review panel before it can ever go to court.

If there was malpractice, and if it occurred after June 30th of last year (2017), the “cap”, or highest amount the award can be, is $1,650,000.  The healthcare professional who treated you would be liable for the first $400,000, with the remainder coming from the Indiana State Patients’ Fund paying the rest.

“In the civil law arena, one of the most complex and challenging types of claims is a case involving malpractice,” cautions legalbeagle.com. “Attorneys that represent clients in malpractice cases tend to be specialists with a significant amount of experience.” At Ramey & Hailey, our lawyers are here to assist patients in getting the compensation they deserve, not only for the cost of medical treatments and time missed from work, but for non-economic damages such as pain and suffering and emotional distress. 

If cataract surgery has left you “seeing red”, start by talking things over with an experienced personal injury attorney!

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