Legal Question in Medical Malpractice in New York

Eye damage during shoulder surgery

About a month ago I had arthroscopic shoulder surgery to tighten up my shoulder socket. When I woek up after the surgery my eye was in such extreme pain I didn't even notice my shoulder. I could not open my left eye at all. I immediately went to an eye specialist and they told me that I had a deep abrasion on the bottom part of my eye. He said this had to have come from extreme drying and then a hard scratch. During surgery they tape your eyes shut. What obviously happened was that my eye was slightly opened, and when they ripped the tape off part of my eye came with it. My left eye is still more blurry than my right. I have records from a couple years ago proving that my eyes should be the exact same. Will I be able to benefit from this? I really do not know what to do, but I am very upset that I may have permanent eye damage as i'm only 20 years old and in the middle of my undergraduate studies. Please tell me anything you can, thank you very much.


Asked on 1/16/07, 5:53 pm

3 Answers from Attorneys

Andrew Frisch Morgan & Morgan, P.A.

Re: Eye damage during shoulder surgery

While it is too soon to evaluate exactly what if any permanent damage you may have suffered time is of the essence in determining whether this injury was the result of medical malpractice committed during your surgery. The statute of limitations in NY for bringing a medical malpractice claim is typically 2 1/2 years from the date of injury, however, if this occurred at a State of City hospital, your time in which to present a claim may be drastically shortened.

My firm and I can help you determine if there was in fact medical malpractice/negligence which may have caused this injury. Please feel free to call me at 8774569243 to discuss this matter further at your convenience.

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Answered on 1/17/07, 8:54 am

Re: Eye damage during shoulder surgery

It may be too soon to say if the damage is permenant but you may have a medical malpractice case. Was the hospital private or City owned as this makes a difference with what type of notices you have to file. If its municipal, you have to file a Notice of Claim within 90 days. If you want to contact me, I will have one of my medical malpractice associates discuss your case with you.

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Answered on 1/16/07, 5:56 pm
PETER W. YOARS JR. Knox McLaughlin Gornall & Sennett, PC

Re: Eye damage during shoulder surgery

Whether or not you have a cause of action for medical malpractice and/or medical negligence will depend on several factors. Has an ophthalmologist told you that your vision loss is permanent?

Our firm has successfully handled several eye cases. I would gladly discuss your matter with you in further detail over the phone or in person.

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Answered on 1/16/07, 6:02 pm


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