You bring up a valid point. I'm going to play devil's advocate on this one from
experience and how I've seen them react to this situation before.

The Musas will likely counter that it is your fault for signing the contract and
that your signature is on a valid contract. However, there are roughly four
elements that make a valid contract. These are outlined below:

1) Must be for a lawful purpose
2) Agreement: The contract must have offer and accpetance
3) Consideration: The price paid for consideration
4) Capacity to contract: This is the clause that says you must not be senile or
intoxicated. However, in your case this refers to not being dilated.

Therefore, even though points one, two, and three have been satisfied by the
Musas contract, point number four the capacity to contract has not been
satisfied. You were in no capcity to sign a contract you could not read.

This is standard issue for the Musas. In the Lasik centers they turn their
patient's over to the patient counselors at the end of the exam when you are
dilated to sign these documents. As a patient you cannot sign what you cannot
read, whether you are intoxicated or in this case dilated.

Let me put it to you this way. If you win in court on this one, then scores of
patient's that have had terrible lasik outcomes would legally be able to come
after the musas because the courts would find their waiver of rights contracts
and their contracts invalid. This is no small matter because as you can see by
the patients in Tampa that went through enormous pain this past July (2003).

The only thing protecting the Musas at this point in time from scores of
litigation is their contracts that they have signed.

I have a respected friend and great Attorney in Austin, Texas by the name of
John K. Tyler. I met him at a conference a number of years ago and he embodies
everything about Texas, warm, friendly, and sincere. Do a keyword search on him
as I have lost his contact information, but can find it for you within 72 hours
if necessary.

Let me know if I can be of any service. Remember, the ABC news station in
Tampa, Florida has the names of all of the victims of the July 2003 surgical
incident. If you are successful in your litigation, you open the ground for
scores of people to recover damages from the pain and suffering they went
through at that Tampa center. It is highly likely that many of those people
would watch your case very closely as they also signed contracts while dilated.

Please let me know if I can be of any further assistance.

With regards.


alglona@... wrote:
anyone got any info on lasik vision institute in houston, texas?

i went there for a pre-op and they had me signing consent forms while
my eyes were dilated.

they said it would be $699 per eye for my lasik. $100 per eye for
plugs and $100 per eye for lifetime assurance.

do u think they really honor their lifetime assurance plan?



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