There are many things that can happen to cause injury during LASIK surgery. Sometimes lasik equipment can fail or not function properly which can lead to serious injury to the lasik patient.

There are two types of equipment used in LASIK procedures.

The first is a microkeratome. This device is applied to the eye of the patient by use of a vacuum ring. Once it is secured, an extremely sharp blade cuts a small amount of the cornea at a specific depth determined by your surgeon.

Lasik Injury as a result of improper microkeratome use or malfunction include:

a. Failure of the microkeratome to leave a “hinge” on the corneal flap during the first incision
b. Loss of the corneal flap during the lasik procedure
c. Loss of the corneal flap after the lasik procedure
d. Slipping of the flap causing improper healing after the lasik procedure
e. Too deep or too shallow cuts in the flap
f. Surface tissue entering the cornea
g. Infection of the cornea
h. Loss of visual acuity - either from scarring or from the flap interfering with the laser
i. Technical problems with the microkeratome

Some of these Lasik Injuries are easily corrected with prescription medications, follow-up visits, or possible re-treatment using LASIK. Other Lasik injury can be more permanent, and they can result in serious degradation of visual acuity.

The other device used in LASIK is the excimer laser.

Once the flap has been cut, the excimer laser is used to “ablate”, or disintegrate, the malformed corneal tissue. This lasik equipment is operated by a computer program that tells the laser exactly how long the burst of cold, ultraviolet light should last and where it is directed.

Problems with the laser or “bugs” in the software controlling it can all result in post-operative complications from lasik, thus "lasik injury". Equipment fails, even lasik equipment, this is a fact of life. But who is to blame when that inevitability occurs? There is considerable difficulty in determining whether the lasik practitioner’s improper use of the lasik equipment caused an injury or if the lasik equipment itself is to blame.

It is usually best, if there is a problem that occurred during your lasik surgery, causing a lasik injury, merely to fault the surgeon in your case. Leave the suit against the lasik equipment maker to the doctor. After all, it is the doctor’s duty to select the best lasik equipment for the job and to make sure that it functions properly before each procedure. Not all lasik injuries are a result of lasik equipment failure.

Sometimes the lasik physician is at fault - for, in the words of Alexander Pope, “to err is human.” More often than not, however, the error is not intentional but is just a result of the surgeon failing to follow the standards of care set forth by his peers.

Lasik Advertising

The LASIK industry, being highly-competitive, is forced to advertise far more heavily than other medical industries. Many offices rely on “co-op” dollars from their equipment manufacturers to fund their advertising campaign. VisX, a top-five manufacturer of laser eye surgery equipment, said in an advertisement run in 1999 that their lasik equipment was so good that further improvements would not have any implication for the patient but only help the doctors to operate the equipment with greater ease.

Obviously, that statement is false. So is the statement made by Jerry Della Femina, co-owner of a famous New York ad agency contracted by LaserONE, saying that with LASIK, “there is no pain!” This is in direct violation of American Academy of Ophthalmology advertising guidelines, and it is considered to be deceptive marketing under US law.

Anytime a practitioner makes a statement that their office provides lasik patients with “perfect vision” every time or that there are no side-effects such as diminished night-vision from the lasik procedure, they may be practicing deceitful marketing techniques. If a practitioner mentions the great benefits of their new lasik equipment without also disclosing the risk and complications of that equipment, they may be practicing deceitful marketing techniques.

The Federal Trade Commission Act (FTCA) specifically prohibits false ads likely to induce the purchase of food, drugs, devices or cosmetics. It defines a false ad as one which is "misleading in a material respect." Thus any statement that cannot be substantiated and that is likely to induce purchase may be considered deceptive in nature.

The three simple FTCA rules are:

a. Tell the truth - Do not mislead consumers implicitly or expressly about the safety or benefits of your product.

b. Tell all the truth - Do not omit information necessary to ground your claims.

c. Make sure it is the truth - Have adequate support for any objective claim, express or implied

The US Food and Drug Administration (FDA) also has several strict rules in place for marketing of medical procedures, drugs, and devices. Any time a benefit is claimed in marketing materials, the potential risks and complications must also be disclosed. Competitiveness of field in the lasik industry is very unique among other medical fields.

The lasik industry enjoys high margins, low total cost of entry, and strong consumer demand. However, these factors are also its weak points. Since it’s so easy to enter the laser eye surgery market, lasik centers are opening up at an astounding pace - There are even lasik clinics in shopping malls! And with the incredible margins, lasik competition can really get dirty. Doctors will tout their new “blade-free” lasik system or their “low-low price” as compelling factors to use them over their competitors.

Too often, the clout and rivalry will cause lasik practitioners to use misleading or blatantly false statements in their copy. Lasik surgeons will say that their patients have never had problems, or their equipment is unequaled in the industry. But these claims are not always made maliciously. Sometimes the advertising agency in charge simply doesn’t know the rules. The aforementioned Della Femina agency likely did not realize that ophthalmology advertising guidelines existed.

And these agencies, their affiliates, and their clients will try to play off their negligence on ignorance. Fortunately for the consumer, physician ignorance doesn’t work in court, and a reply of “I didn’t know. Sorry.” just won’t cut it in front of a judge. The sad truth is that not all patients who have suffered diminished vision after LASIK eye surgery are able to sue the lasik practitioner for medical malpractice.

It is in these cases that the victim must look to the advertising practices of the surgeon to see if any recovery is possible. This may be your only means of recovering any financial damages. Even if you can sue for medical malpractice, it may be wise to also sue for deceptive marketing to support your claim. A practitioner with shady marketing practices will appear more negligent in the malpractice suit.

After every operation, no matter how minor, a doctor should give you a list of things you should and definitely should not do during your recovery. LASIK surgery is no different, and it has a rather lengthy list of things:

What to do after lasik surgery (or what not to do after lasik surgery)

1. Do not rub or squeeze your eyes for one week.
2. Use eye drops as instructed (these are usually prescribed by your surgeon).
3. Wear sunglasses.
4. Wear the eye shield for the first three nights after the surgery.
5. No make-up for one week.
6. Avoid smoke-filled rooms and dusty environments for a few days.
7. No water activities for 3-4 weeks including swimming, hot tubs, etc.
8. No sports for one week.
9. Call the office if you have severe pain that cannot be controlled with over-the-counter pain medications.

You should adhere to these instructions or risk complications from your lasik surgery or even acute infection that could cost you your vision. A surgeon failing to provide the patient with adequate post-operative instructions may be negligent, and, if you have experienced an injury or post-operative complication as a result of this negligence, you may be entitled to recover damages. Follow-up visits must be scheduled. A doctor cannot adequately predict your condition after the lasik operation.

Usually, the physician will schedule visits at one day, one week, one month, three months, six months, and one year after your lasik procedure. Annual follow-up should be stressed because certain complications (not necessarily related to negligence) may not show up until years after the lasik surgery has been performed.

During these visits, the lasik patient will be asked about any vision problems or pain that may be occurring, whether they notice any change in their vision, and the eye(s) will be examined to determine how the healing process is progressing. Some recent cases against LASIK surgeons have shown that those conducting the follow-up visit would not accurately communicate with the patient but merely say encouraging things such as “you’re healing remarkably well” and “your vision is far more improved than I had predicted! I wasn’t expecting you to be able to read that line yet.”

Sometimes these statements may be true, but always ask your lasik physician for an honest follow-up. Ask about scarring, any problems you may have had, and whether everything seems normal. As a result of the popularity of LASIK surgery, often-times the lasik surgeon does not have time to conduct the follow-up and leaves that duty to an associate such as a head nurse or surgery assistant. This isn’t necessarily a problem as long as a valid chain of command is followed.

If you have a valid concern that is noted by the person conducting the follow-up it should immediately be brought to the attention of the lasik surgeon so that your inquiry can be addressed as quickly as possible. However, this doesn’t always happen. Anytime there are degrees of separation between doctor and patient information will tend to get lost or miscommunicated.

If this causes you to develop a problem that could otherwise have been treated then you may be entitled to recover damages.

Simply put, a lasik practitioner has a duty to give his patients proper medical care within a reasonable standard set by other lasik practitioners. When dealing with medical malpractice cases, this measure is used to determine whether a surgeon did something not permitted by or failed to do something required by the standard.

If deviation from this standard is what caused the lasik patients injury, the lasik practitioner may be liable for the any resulting damages.

Determining whether or not this standard has been breached is the job of other medical professionals in the field. This person will review medical records, claims, and injuries of the patient.

Lasik Injury Links

FDA Site

Lasik Institute