Suing for Deceptive Advertising for LASIK
Were you misled by sales pitches and promises about LASIK surgery?
Misrepresentation or Omission in Eye Surgery Advertising
Refractive surgery such as LASIK vision correction is the most commonly performed elective procedure in the United States. About 1 million people have laser surgery each year, in large part because it is heavily advertised as doctors compete for these lucrative cases.
To win over new patients, some physicians or clinics cross the line into deceptive LASIK advertising. If you relied on misleading information from those marketing messages in your decision to have eye surgery, you may have grounds for a lawsuit if you suffer adverse effects:
- Loss of vision (including loss of best corrected vision)
- Complications such as infection, corneal degeneration, glare or halos
The law firm of Hill & Associates, P.C. can determine if there is a credible link between deceptive advertising claims for LASIK and a bad outcome. We handle medical malpractice claims relating to eye surgery injury in Pennsylvania and New Jersey.
The Truth, the Whole Truth and Nothing But the Truth
All surgical procedures carry certain risks. Doctors are ethically and legally bound to explain to patients the possible adverse outcomes, even if the risk is remote. They are also required to tell clients of likely outcomes, including short-term issues such as blurred vision, headaches, dry eyes and sensitivity to bright light. Advertising that downplays the risk or maintains that LASIK is “safe” or “low risk” might be considered misrepresentation under Federal Trade Commission rules.
Doctors must also be careful in how the results of LASIK are characterized. They must not promise or imply a particular result such as 20/20 vision or “no side effects” or claim that refractive laser surgery is “100 percent successful.” Any such bold claims must be based on unambiguous facts.
If the doctor does not elaborate on advertising claims or follow up to explain in the risks in layman’s terms, it can also be considered failure to obtain informed consent, which is grounds for a medical malpractice claim.
Lawsuits for Deceptive LASIK Advertising
In order to win damages for misleading advertising, we would have to prove actual harm (vision impairment or lost chance of corrected vision) and prove that the advertisement made a false claim that you relied upon in your decision, or omitted important information that might have swayed you the other way. In other words, the doctor did nothing to refute the deceptive advertising and it led to you injury.
Call Hill & Associates, P.C. toll-free at 866-720-4699 or contact our lawyers online to discuss your case with experienced trial lawyers. We offer a free initial consultation to determine if your claim has merit.
