Optic Nerve Cut During Eye Surgery-NY Medical Malpractice


Welcome, and thank you for joining me. I’m
Gerry Oginski, a New York Medical Malpractice and Personal Injury Trial Lawyer practicing
law here in the state of New York. Today’s video tip explains one solution that I was
able to achieve for an injured victim. Here’s what I mean. A gentleman was walking
down the street in Brooklyn one day when he was physically attacked. He was hit and punched
in the face and as a result suffered fractures to the lower part of his eye known as the
orbit. When he was taken to the hospital he was told
that he had a fracture of his orbit and that he would probably need surgery to fix it.
That would have been fine except there was one problem. As a result of the fracture the
muscle that controlled his eye movement happened to be trapped and stuck inside of it because
of the viscous nature of the attack. This gentleman who had previously excellent
vision, still had good vision except there was one problem. The muscle that controlled
his eye movement was now stuck so now his eye pointed out to the side.
The patient agrees to undergo this surgery thinking based upon the doctor’s reassurances
that it’s a relatively simple procedure and she’s done this many times. After the surgery
is performed the patient is given a patch and told to come back the next day, which
he does. The doctor takes the patch off in the office
and says, “Okay what do you see?” He said, “Did you take the patch off?” She said, “What
do you mean?” He couldn’t see anything. She immediately sends him back to the hospital
for an MRI. The MRI comes back and he is told, “You need surgery now.”
The patient goes back into surgery later that day in an attempt to fix whatever problem
the doctor noticed but didn’t exactly tell the patient before undergoing the second procedure.
He’s given a patch again, told to come back the following day now, which he does.
It’s the second procedure, the day after the procedure. The doctor takes the patch off
and says, “What do you see?” The patient says, “Nothing.” He said, “What do you mean, nothing?”
Patient came to me because he was concerned that something had gone wrong that the doctor
did not fully explain to him. What I learned during the course of the investigation
was that during the first surgery the doctor used a titanium implant to connect the broken
bone fragments together. Unfortunately, she cut off the optic nerve, which is the nerve
that controls the vision but didn’t recognize it.
When she saw the MRI the following day she recognized that this implant, this titanium
device, which is meant to hold the fragments in was literally transecting and cutting the
area where the optic nerve was. Despite her attempts the next day to go ahead
and move that implant it was useless because of the permanent damage had already occurred.
What was supposed to be a simple procedure turned out to be a devastating, life-altering
procedure for this gentleman. We learned later when I had a chance to question
the doctor at her deposition was that she had only done this procedure less than a handful
of times. Immediately before jury selection was scheduled the defense recognized that
they had significant problems and entered into settlement negotiations at that time.
I’m pleased to say that as a result of those settlement negotiations we were able to successfully
resolve the case to my clients satisfaction in Kings County Supreme Court in the State
of New York, which is Brooklyn. That’s it for today’s video tip. I want to
thank you for joining me. I’m Gerry Oginski. Have a great day. If you believe you’ve been
the victim of medical wrongdoing by a doctor or a hospital I want you to pick up the phone
and call me. I can answer your legal questions. My number is 516-487-8207 or you can reach
me by email at [email protected] Have a great day.

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