Question:

Small claims question about my eye doctor?

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So, I got a prescription and soft contacts from an eye doctor this year. They didn't use any machines to physically measure the size or curvature of the eye, they just made sure the soft (flexible) contacts fit ok and double checked my vision with them. After a few weeks of wearing them, I notice my eyes started to hurt, so I wear my glasses. After 2 weeks my eyes feel better so I try my contacts again. My eyes start to hurt again, so I go back in to the eye doctor and they said to see a specialist. I saw the specialist and my eyes seem ok. They had me walk down the hall to their contact lens fitter. While using a machine to check the curvature of my eye, the fitter saw the contacts I have been wearing are leaving an indentation into my eyes because they were the wrong size. Now I'm probably looking at a bill of $600 to 900 from the specialist and contact lens fitter. Is my first eye doctor liable to pay for any of this since they the lens fitting didn't really workout?

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3 ANSWERS


  1. Yes, contact one of those personal injury lawyers you see on tv.  They take no money if they collect nothing.  Do it.

    Small claims is an option, but if they see a letter from a law firm, that's better.


  2. The optometrist is not going to pay for your trip to a medical doctor.  

    How do you know that the the optometrist did not measure the size or curvature of your eyes?

    How did the optician determine that the lenses were the wrong size?

    Did you go back to the optometrist to complete the fitting procedure?

    The specialist said your eyes seem OK.  If they are OK, then what are your damages?

    How do you know that your eyes are indented, and that the indentations were caused by poor fitting contact lenses?

    How can you prove that the hurting was caused by the contact lenses?

    Is the contact lens fitter licensed to prescribe contacts?

    Is the lens fitter willing to come to court with you?

    Is the specialist willing to take the day off to come to court with you?

    What if you get lenses from him and your eyes start hurting again after 2 weeks?

    What if the lenses are comfortable but you do not see well with them?

    If you have an indentation in your eyes, why didn't the specialist notice it?

    Do you think that a contact lens fitter is smarter than an optometrist?

    How will you prove that you followed the procedures requested by the optometrist?

    What if it turns out that you are not a good candidate for contact lenses?

    What if you get refitted and the new prescription turns out to be thre same as before?

    All these questions are sure to come up in the couirtroom.

  3. Did you go back to the original Dr. when your eyes first started hurting ?

    You say you left them off for 2 weeks, then tried them again.

    I dunno, but I would think that if you didn't go back when the problem first started...that will probably absolve him of any responsability .

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