Can I Sue My Optometrist? Yahoo Answers


I don’t know if any of you have asked yahoo anything, but I always find their answers and the comments interesting. This came across our google alerts and thought I would share it.

Resolved Question – Can I sue my Optometrist?

I haven’t worn contacts in two years and so I decided it was time to get them again. I went to get the exam and everything and the the doc gave me trial lenses.the prescription was -2.00 on the left and -2.25 on the right. During the day when I got home the contacts felt off balance.I thought maybe its just my eyes adjusting…but two days later it kept bothering me. So I decided to put the -2.25 on the left so both eyes would be -2.25 it didn’t bother my eyes like the -2.00 but the problem of them making my eyes feel dry and having to keep blinking was still there. I checked the package (they are 1 a day disposable) and it said 2011/2!!! She gave me expired contacts! I checked the ones I used the other day and it expired in 2010! I took them off immediately (I got the contacts Tuesday and I found out they were expired Sunday) my eyes were hurting badly that I couldn’t even wear my glasses bcuz that would make them worse! I have the follow up appointment tommorow (Tuesday). Can I sue the eye doc for giving me expired contacts? I sure do hope the contacts didn’t damage my vision more.

P.s- I didn’t think to check the expiration date at first because I thought a proffessional would have more sense than to do that to someone! D:

Best Answer – Chosen by Asker

Honestly, probably not for malpractice but maybe in small claims. Threaten her with a complaint to her state licensing board AND small claims, see if she squirms! Good luck!

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Asker’s Comment:

Well i went back today to complain (nicely lol) and she rexamined my eyes and gave me trial lenses that dont expire until 2014 also didnt charge me for the rexamination and trial lenses. I dont have insurance that covers optical so i have to pay out of pocket, so i am glad she did not charge me!

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Other Answers (4)

Probably not. Since your vision will not be found to have been worsened by this incident, you will fail to show injury and have no case. Sorry.

Sue for what? What actual harm did you suffer? Making your eyes hurt for a minute? That’s not something you can get money for.

Demand a refund, that’s what you are entitled to.So long as you were not injured and are not out of pocket you have no damages, just inconvenience. Take them back and have them switched for lenses that are well within the dates. There should be no charge. They should all be very embarassed and will probably give you a lot more, too. ALWAYS look at dates! Just because somebody else should doesn’t mean they do, and there are slip-ups now and then.

Interestingly enough plugging in Sue optometrist in google. 425,000 results, this came up.

I want to sue my optometrist for not discovering glaucoma in my left eye. I went to him for about 12 years. I was told I could sue for breach of contract and pain and suffering, and needed to get my bills and payments. i dont have anything since 2007. I called my insurance company and they can’t find anything since 2007 . . . I can try cancelled checks thru my bank back to 2004. can you provide any other sources? My insurance company said they only keep records for so many years and if I cancelled with an insurance company, I’m automatically dropped from their books. So, the best I can get at this point is record of service in 2007 — will that be enough? Also, can I get the records from my optometrist? how can I do that? How?He doesn’t know I want to sue him. Read more: I want to sue my optometrist for not discovering glaucoma in – JustAnswer

My eye doctor gave me the wrong prescription for my glasses making them too strong and after suffering headaches for the past 8 months and going to doctors to try to find out what was causing my headaches, it was blamed on sinus infections and migraines, i haver recently discovered it was my glasses. I have had another exam from the same eye doctor that did my exam in 2002 and he verified that my eyes have had a slight change since then and also verified that glasses were too strong. I have taken all kinds of pills and a CT scan plug missing work and family activities because of this for 8 months. Can i sue for damages or distress? Read more: My eye doctor gave me the wrong prescription for my glasses – JustAnswer

Can I sue for medical malpractice for an OPTOMETRIST failing to detect a detached retina? Asked almost 2 years ago – Malone, NY Lawsuits Malpractice Lawsuits Medical Malpractice Personal Injury

I’m in NYS. In September 2008 I contacted my optometrist thinking I needed new contacts as I was seeing floaters, flashes of light, and a gray “curtain.” She tested my eyes and said I had “optic nerve swelling” and had me return in 2 weeks, same thing when I returned so had me return 2 weeks later, then in 4 weeks. (6 wks total this went on) My vision continued to deteriorate so I finally asked for a referral to an opthalmologist. Detached retina was immediately detected and I was sent three hours away for surgery the next day. The retina was 80% detached and with correction I only have 20/80 vision. Can I sue my optometrist for failing to detect this and refer me appropriately and therefore losing my vision? Is this something she should have picked up on based on my symptoms?

Claire Goldsmith MidPage


  1. Can i sue 1800contacts for sending me my contact lenses with an expired perscription more than once. They didnt verify my perscription, and my eyes got alot worse.

  2. I have mono vision.My left eye contact has been the same for 5 yrs, 8.7, 2.75,,14 dia
    I have a new optometrist.Only went 1 time,,he gave me the works.I had my old D.O. records and an actual case with accvue. He would not give me a rx.He gave me 2 samples that would last 6 weeks. 5 days later, my eye was bloodshot, pinched.I took a magnify glad and the new brand had a BC, base curve 8.6. Five yrs I had 8.7. The cornea was being damaged, it was too small.I reported this to the board. My mono vision is worse, dizziness, etc. I wanted the same brand, and definitely size. He imo wanted me coming back, more cash.Should I sue for reduced vision, cornea possibly damaged? I went a whole week as if I was getting poked daily in the eye. I have the case with the right size and the sample wrong size I discovered later

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