Monthly Archives: March 2016

Cross-Exam of Expert Leads To Rare Discontinuance of Med-Mal Trial

Dawn Adelson’s Cross-Examination Of Plaintiff’s Expert Leads To A Rare Discontinuance In The Middle Of The Trial, In A Claim That Our Client, An Eye Surgeon, Caused Plaintiff’s Retinal Detachment And Resultant Loss Of Vision. Supreme Court, Westchester County – 2016

Plaintiff, a 72 year old physician, underwent left-eye cataract surgery performed by our client.  Plaintiff’s post-operative course was complicated by intermittent complaints of pain to the eye, blurry vision, inflammation and  clouding of the posterior capsule.  Our client treated plaintiff with a course of steroids and performed a YAG laser capsulotomy for the opacification seven weeks post-surgery.    One and a half years after the cataract surgery plaintiff suffered a retinal detachment and permanent loss of vision.  Plaintiff brought suit alleging the detachment was due to our client’s failure to diagnose and remove retained lens material from the eye.  Plaintiff pointed to the post-operative inflammation as evidence of same and argued that the laser capsulotomy should not have been performed in the immediate post-operative period while plaintiff was still on steroids.  Plaintiff argued this triggers an uncontrolled persistent inflammation,  resulting in retinal detachment and permanent vision loss.   Continue reading