The Indiana Supreme Court – in a very significant split 3-2 decision permitted moving forward on a lasik surgery related medical malpractice claim beyond the 2 year statute of limitations for medical malpratice lawsuits.
The key argument was that the patient, L. Thomas Booth from northeast Indiana, didn’t understand the connection between his worsening eyesight and Lasik surgeries until after that period
The doctor suggested the surgery despite Booth’s history of glaucoma and cataracts. According to later evaluation Lasik surgery should not have been performed because of his pre-existing conditions and might have complicated his cataracts. He is nearly blind in one eye today.
The Indian Supreme Court found the evidence does not “indisputably establish that Mr. Booth discovered the malpractice and resulting injury, or acquired knowledge sufficient to lead a reasonably diligent person to discover the malpractice and resulting injury, until Dec. 4, 2000.”
Read more here.