High Court Lets Wabash Man Sue 3 Years After Lasik Eye Surgery

INDIANAPOLIS – The Indiana Supreme Court ruled Friday that a northeast Indiana man can move forward with a medical malpractice lawsuit alleging Lasik eye surgery left him nearly blind in one eye.

In 2001, L. Thomas Booth sued Dr. Robert G. Wiley, Dr. Ronald Norlund and Midwest Eye Consultants in Wabash, but an Allen Superior Court trial judge found the man had not filed within the statute of limitations and dismissed the case.

The crux of the legal argument is when Booth should have known enough to suspect that a Lasik eye surgery first performed in November 1998 might have contributed to severe impairment in his right eye.

Wiley performed the laser surgery on Booth at that time and again in February 1999 based on a referral from Norlund. According to court records, Norlund suggested the surgery despite Booth’s history of glaucoma and cataracts.

After the Lasik surgery, Booth underwent several other eye operations in relation to his cataracts.

Under law, Booth had two years from the date of the original surgery or until November 2000 to claim malpractice.

But Booth’s attorneys argued he didn’t understand there was a connection between his worsening eyesight and the Lasik surgeries until after that period lapsed.

It wasn’t until December 2000 that another doctor told Booth that Lasik surgery should not have been performed because of his pre-existing conditions and might have complicated his cataracts. After this assessment, Booth sued in July 2001.

The Indiana Supreme Court – in a split 3-2 decision – found the evidence does not... (read more)...