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Medical Malpractice and Lasik Surgery

By Oguz Ozdemir

If you think that medical malpractice lawsuits pertain only to medical doctors you are mistaken. The risks involved in any surgery make any type of doctor a candidate for malpractice. Recently a New Jersey attorney who handles medical malpractice claims recovered a large Lasik malpractice settlement on behalf of a patient who ended up legally blind as a result of his eye doctor's negligence.

Dr. Joseph Dello Russo and the New Jersey Eye Center have to ante up $2.1 million as a result of the settlement. The patient, James Dell'Ermo, was not a good candidate for the lasik surgery as he had steep corneas. Dr. Dello Russo failed to detect this and performed the Lasik procedure on Dell'Ermo. The aftermath of the Lasik surgery left Dell'Ermo with ectasia or bulging of the cornea, a long term complication from the lasik surgery. This case is only one of 16 medical malpractice lawsuits that have been filed against Dr. Dello Russo.

To say that the following situation has gone too far is the understatement of the year. An Illinois eye doctor has been sued for malpractice over 50 times without disciplinary action...until now. When you read about cases like this one involving a Chicago ophthalmologist who was sued for medical malpractice over 50 times you wonder, why, and how? How did this situation get past the first few? The first 20?

Dr.Nicholas Caro has been charged with a formal complaint by the Illinois Department of Financial and Professional Regulation because six of his patients suffered serious injuries during Lasik eye surgery that he performed last year. One patient had to have additional surgery for a corneal transplant after the Lasik procedure. Dr. Caro did not properly evaluate this patient and did not diagnose a prior eye condition which would have made the patient not eligible for the Lasik procedure.

In the past, Dr. Caro mishandled not only the Lasik surgeries themselves but did not treat the post operative complications that arose. Dr. Caro has had other brushes with questionable medical practices in the past so the recent allegations are no surprise. In 1997 the Food and Drug Administration (FDA) accused Dr. Caro of using unapproved equipment to perform his laser surgeries. The fact that this doctor has not faced any disciplinary actions is only more surprising to note that he is still a practicing eye doctor.

Always check your doctor's credentials. Make sure that they are board certified. If a doctor gives you an attitude because you are checking him out, find another doctor. A good and ethical doctor will not be offended but on the contrary would love to tell you of his accomplishments.

Even though lasik eye surgeries have become a common procedure over the last decade, remember that you are dealing with your eyesight and every surgery carries some risk. Anyone who investigated Dr. Caro should have seen some red flags as his lawsuits date back to 2001.

If you have had lasik surgery and have suffered from complications as a result, please contact our office at 1-888-LAW-IN-NY immediately for a free consultation. Our professional team of attorneys at Napoli Bern Ripka will be happy to evaluate your situation and give you a recommendation as to how to proceed further.

Originally posted at InjuryBoard by Oguz Ozdemir

Full post as published by New York City Personal Injury Lawyer on August 19, 2009 (boomark / email).