LASIK WHITE COLLAR CRIMINALS BUSTED:

 "IS THE LASIK PHYSICIAN RESPONSIBLE FOR REPORTING A PATIENT'S LASIK DISSATISFACTION WITHIN (10 DAYS) FROM THE TIME THE PATIENT INFORMS THEM OR POSSIBLE BE FINED $1 MILLION DOLLARS AND GO TO JAIL FOR (3) YEARS?"

 

Yes...Under the Federal Medical Device Act, the LASIK physician & manufacturer must file a Medwatch Case so the FDA is informed that there has been an "ADVERSE LASIK EVENT" resulting in permanent injury so the FDA can investigate the injury to determine if there is a problem with a device, the LASIK manufacturer, and/or with the LASIK surgeon. 

 

 

"SO...HOW DID THIS HAPPEN?  ARE LASIK DOCTORS NOT BEING HONEST IN TELLING THE WHOLE LASIK STORY?  ARE THEY DECEIVING PATIENTS INSTEAD OF LOOKING OUT FOR THEIR BEST HEALTH INTERESTS?  MOST IMPORTANTLY, ARE LASIK DOCTORS ACTING IN A 'CRIMINAL MANNER' THAT COULD LAND THEM IN JAIL ?" 
 

If you're like me and spend some of your leisure time watching tv, then you can't help but notice all of the prescription drug commercials running round the clock right?  You know the ones...Viagra...Lipitor...Zoloft, etc...  Did you notice all of the WARNINGS MENTIONED so the consumer is aware and warned that there are KNOWN LONG TERM INJURIES & SIDE EFFECTS which take about 30 seconds to explain out of the 60 second commercial?  Did you ever wonder why when it comes to LASIK ads, that there are NO WARNINGS?  The (2) FDA WARNING LETTERS that went out to every eye care professional (shown below) should help you to better understand the challenge the FDA is faced with (and the risk this causes the public NOT knowing this is happening) due to LASIK doctors "continuing to violate FDA and FTC advertising protocols which state all known risks and warnings must be stated in any form of advertisement...period!"
  http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/SurgeryandLifeSupport/LASIK/ucm154882.htm
http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/SurgeryandLifeSupport/LASIK/ucm272960.htm

"SO WHY IS THE FDA NOT PUTTING LASIK DOCTORS IN JAIL for
continuing to NOT REPORT ALL INJURED LASIK PATIENTS,
& for violating mandatory FDA and FTC advertising protocols?"

FDA’s own website explains the CRIMINAL PROSECUTIONS they
should have been imposing on LASIK SURGEONS since 1996
but for whatever reason, they choose to NOT enforce this law: (Page 9)

http://www.fda.gov/downloads/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM095266.pdf  .

http://www.fda.gov/MedicalDevices/deviceregulationandguidance/guidancedocuments/ucm094529.htm
 

 

 

ONCE CONSUMERS BECOME AWARE THAT THE FDA HASN'T INVESTIGATED THEIR LASIK INJURY NOR THEIR LASIK DOCTOR THAT INFLICTED PERMANENT AND IRREVERSIBLE EYE INJURIES...THE PERMANENTLY DAMAGED LASIK PATIENTS THEN BEGIN TO ASK THE FOLLOWING QUESTIONS:

"Where is the FDA..."

"I thought that since LASIK was FDA APPROVED that meant
it was safe, proven, and effective..."

"Why are the FDA DIRECTORS/COMPLIANCE not policing and
regulating standard of care and advertising standards to prevent deception
when it comes to LASIK...an elective, not needed surgery?"

"Why is the FDA NOT policing & punishing LASIK doctors?"

"Isn't my tax dollar supposed to fund the FDA which is supposed to look out for me and not the LASIK industry's profits?"
 

"Is it true that the FDA / CDRH can impose criminal penalties of imprisoning
a LASIK doctor and their staff, for up to (3) years and fine them up to $1 MILLION
DOLLARS?"

"I wasn't able to find a medical malpractice attorney to sue because I signed the Informed Consent Form...And even if I did, I heard it's very hard to win a LASIK case  because the jury can't see out of your eyes...it's not like you're missing a limb...so they do  not feel your pain and you lose your case!"

-LASIK DOCTORS EVEN SUE THEIR
OWN PATIENTS THEY RUINED-

LASIK Case in the media: 

Dean Andrew Kantis who operates the website www.LifeAfterLasik.com , in order to warn the public that LASIK is dangerous, is very profit-oriented, the Ex Chief of Medical Devices, Dr. Morris Waxler, whom approved LASIK is now AGAINST LASIK, and petitioned the FDA to end the procedure saying it causes a "healthy eye" to become "sick and diseased" and the cornea is permanently scarred and damaged for life!  Dean Kantis was sued by his own doctor for $2 million dollars, Nicholas Caro of Saint George Vision in Chicago, because of this page which exposes his doctor's evil / dark side...showing 50+ LASIK LAWSUITS and why his physician should be in jail...stating "MEDICAL CRIMES" and knowingly injuring his own patients:  www.LifeAfterLasik.com/nickcarolawsuits.htm . 

 

Because of Dean Kantis' persistent effort to win against evil, even being sued by his own doctor, the Chicago Tribune even persued this doctor because of Dean Kantis' effort(s) in seeing this through to the end.  Here is a recent article showing this LASIK DOCTOR and his wife, accused of (5) CRIMINAL INDICTMENTS:
 

  

If you review this page, near the bottom, you will see the lawsuit verdict.  However, even though Dean Kantis' LASIK doctor tried to shut his website down so no one else could see his lawsuits, Mr. Kantis won and his website still perpetuates and continues to warn everyone to stay clear of this dangerously-irrevesible procedure.   http://www.krounerlaw.com/595-2/

RETALIATION & LASIK LAWSUITS:
 

Finding a LASIK surgeon who is willing to testify on behalf of an injured patient is almost impossible. Yet, without a reputable LASIK surgeon, the case cannot proceed. One of the most significant impediments to retaining a LASIK expert to testify is retaliation. In Post, supra, TLC’s founder, Jeffrey Machat, M.D., testified in favor of the patient. As a result, his refractive surgeon colleagues retaliated against him, cursed him, verbally assaulted him, and he was forced to resign from TLC’s advisory board. In other cases, experts have had invitations to present at professional conferences revoked and been threatened with baseless ethics complaints.
http://www.flawedlasik.com/index.php?option=com_content&view=section&layout=blog&id=23&Itemid=192

HURT LASIK PATIENTS NEVER GET THE WHOLE STORY:
 

“What good is making pupil size measurement a part of the standard of care if it is never utilized (by the doctor, or to communicate to the patient the risks it implies about the surgery they are considering)?"

http://www.lasikdisaster.com/patientletter1.htm

If you think there is justice in the United States of America or if you would be willing to accept the minimal standard of care for LASIK is something you would accept, then you shouldn't have LASIK. The standard of care commonly practiced on American Citizens is horrific and frequently results in nightmarishly bad vision. The Doctors cover it up and in many cases directly lie to patients, the FDA, and the public.
http://www.cornealaw.com/can_you_sue.htm

Make no mistake about it informed consent was and is, primarily, a device used for the protection of doctors by doctors. They give it to you to protect themselves from law suits. That's not, obviously, how the document was intended but it, like many well intended things, has had its use perverted by those with a self serving agenda. An old legal axiom "Mere injury, without fault, will not stand" says it all for attorneys practicing in the field of medical malpractice. Simply put, it is not enough that you have been injured as a result of the refractive surgical procedure you have undergone, you must establish, to the standard set by the state in which you were injured, the failure or failures which have resulted in the injuries you have sustained.

THERE REALLY IS NO LASIK STANDARD OF CARE:

Once you have shown that the information provided was insufficient you will have to meet one of three standards to be able to sue:

1) Reasonable physician standard: what would a typical physician say about this intervention? This standard allows the physician to determine what information is appropriate to disclose

2) Subjective patient standard: what would this patient need to know and understand in order to make an informed decision? This standard is the most challenging to incorporate into practice as it would appear to require the tailoring of information to each individual patient.

3) Reasonable person standard: Would a reasonably prudent person in your position (NOT YOU)  not have undergone the operation had they been fully informed.

THE COMMISSION OF MEDICAL MALPRACTICE: 
 

While there are various types of medical malpractice claims, generally speaking, you must usually show that a doctor patient relationship existed, that the doctor failed to perform to the appropriate medical standard, that the patient was injured and that the doctor's departure from that standard was what caused the injury the patient now sues for.  http://www.lasikdisaster.com/

 

LASIK WHITE WALL OF SILENCE: 
 

In July, 1999, Dr. Marguerite B. McDonald, then-Chief Medical Editor of EyeWorld, seemed to be calling for a white wall of silence: http://www.eyeworld.org/article.php?sid=3753

 

"We are only starting to ride the enormous growth curve of LASIK in this country. There will be more than enough surgeries for everyone to benefit if we keep our heads by sharing information openly and honestly and by resisting the temptation to criticize the work of our colleagues when we are offering a second opinion to a patient with a suboptimal result."

Who was it who said, "When the tide comes in, all the boats in the harbor go up?"

Ironically, Dr. Marguerite McDonald was one of the first high-profile refractive surgeons to "jump ship" when serious concerns about the safety of the procedure began to surface, “I haven’t done LASIK in three years now."  

http://www.flawedlasik.com/index.php?option=com_content&view=article&id=209&Itemid=66
 
http://www.lasikfraud.com/lasiktruth/the_white_wall_of_silence.htm

Doctors Don't Like To Take A Stand Against Each Other:
 

What will you do if the unexpected happens?  You end up with a complication that cannot be "fixed" and realized that you were not properly informed of the risks, or you think you have suffered malpractice... It's a tactic well-known, repeated countless times, that your surgeon will probably tell you "Just give it another six months" or "The cornea heals very slowly and you just need to be patient".  Sometimes, that's enough to keep you pacified until after the statute of limitations (during which you can file a lawsuit) runs out.  Once you realize that you are not getting better, it's too late to sue.  Even if you know there's been malpractice, where are you going to find a doctor who will take a stand against his colleagues and to some degree, the refractive surgery industry? Remember, they don't like to admit that this surgery has disabled many, many patients. They prefer to remain in a state of denial and pretend that LASIK never harms anyone because it's an elective and UNNECESSARY surgery.  The worse LASIK and other procedures begin to look, the less money they make. Plain and simple, this is strictly about MONEY. Refractive surgery is completely unregulated and it's become a free-for-all for surgeons who can take a one-day class and call themselves a LASIK surgeon. Then as they gain experience, they double it by calling each patient "two cases" because they have two eyes!

 

WHAT YOU CAN EXPECT TO HEAR FROM OTHER LYING LASIK DOCTORS:

 

"I don't see any malpractice here."

"Your doctor did nothing wrong."

"That's not exactly what I said," (when your attorney calls the doctor to verify what he told you).

"There is new technology coming that can fix this, so there are no damages here."

"He is an excellent surgeon and I know he fully informs his patients."

Chances are that you will not find an expert witness near your home.  Finding one is the most difficult part of litigation, but once you have an reputable expert who says that malpractice occurred, you've got a case!

http://www.lasiknewswire.com/2009/06/lasik-patient-advocate-writes-obama-seeking-intervention.html

LASIK malpractice, which is rampant, is not being handled in a manner that proactively prevents adverse events from occurring, and when they do occur, LASIK patients encounter a 'White Wall of Silence' that prevents them from getting any justice, and has led to unprecedented incidences of depression, PTSD, and suicide."
https://groups.google.com/forum/?hl=en&fromgroups=#!topic/alt.lasik-eyes/M917YMfahoA

The main problem is the "brotherhood of refractive surgeons"---they will not testify against each other (with very, very few exceptions).  This syndrome is also known as the "White Wall of Silence".  Also, juries are not sympathetic to patients who have complications from elective surgery.
https://groups.google.com/forum/?hl=en&fromgroups=#!topic/alt.lasik-eyes/5L_46rwE6uM

Not only do the patients who suffer lasik complications have to deal with a medical community which wants to deny our existence, we also run head into the "white wall of silence" because for the most part, none of them want to badmouth their colleagues' work and say that we've been victims of malpractice.  They charge us $250, $350 or $500 for a second opinion consultation and tell us that we need psychological help, or we just need to practice using our "new vision" and get on with our lives.