Medical Malpractice: Verdicts, Settlements, and Experts

Plaintiff underwent a cataract extraction by phacoemulsification with intraocular lens implant on August 1, 2016. Plaintiff was on decadron, a steroid that increased her chances of infection. Notwithstanding this knowledge, Defendant failed to use povidone iodine solution and wait the appropriate five minutes prior to cataract surgery. In addition, Defendant utilized a clear corneal incision and failed to insure the sterility of his instruments. After surgery, Plaintiff was sent home. The next day, Defendant examined Plaintiff’s left eye and noticed corneal swelling, but did nothing. A week later, Plaintiff began having left eye pain, significantly reduced vision, and watery discharge. Plaintiff went to the hospital as her symptoms worsened. The ER physician noted that Plaintiff’s vision was 20/50 and advised her to follow-up at Defendant’s office. Although in significant pain, and with probable acute endopthalmitis, Defendant waited hours to examine Plaintiff. Defendant’s examination of Plaintiff’s eye revealed corneal edema. Plaintiff was taken to the OR for anterior chamber antibiotic injections and fluid removal for a microbiology culture. The culture revealed Streptococcus mitis, which caused an acute bacterial endopthalmitis in her left eye. Defendant then referred Plaintiff to a retinal surgeon. Because of Defendant’s negligence, Plaintiff’s left eye was enucleated.

The case settled for an undisclosed sum in July 2021.

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