Here is an example of a case I recently dealt with

A man was mugged and suffered a fracture of the bone around the eye. One of the muscles that controls movement of the eye, in the easily broken bones. The result was that he could not move his eye at a certain point. Since he could only move his eyes up to a certain point, he had some double vision. However, when he closed one eye, he had the vision in the eye that has limited movement.

The man went to an ophthalmologist who, in conjunction with his primary care physician. The eye doctor assesses the man and assured him that the procedure was "routine" and there was nothing to worry about. "" The doctor had this type of surgery often before, "he said. The plan was to the muscle from the bone fragment, and then sets out the bones. "" You do not have a problem with your vision after the surgery, "said the ophthalmologist.

The patient had the operation as planned. He has never tried a second opinion, as he is this ophthalmologist was able to do the procedure. He has never been to a specialist eye surgeon, not only this type of surgery. The reason, I later learned was that the medical group does not want to give up the patient to an "outside" doctor, because they lose money when it elsewhere Surgery.

Surgery went well, or so that the patient thought. A patch of his eyes and he said to the next day. The next day he came back to the doctor in the office, had the plaster removed and was asked, "Well, what do you see? "" The patient replied: "I can not see anything. Do you have the patch from? ""

Hectic, the eye doctor quickly examined the patient and found that there is a big problem-the optic nerve appeared dead. They immediately scheduled the patient for repeat surgery later that day. The patient was that the operation is late afternoon in an attempt to back his vision. During the second surgery, I have learned in the course of the patients claim that the physician initially controls the muscles. This was in order. The doctor checked the MRI, which immediately before the second operation. The MRI showed that the optic nerve was cut through and through. It was canceled in half. That is the reason why the patient lost his vision.

Despite the MRI to find the eye doctor confirmed that this unfortunate fact in the second operation. There was nothing that could be done to the optic nerve severed. The patient would never again in his eye sight.

While the patient is the action I have learned that the eye doctor, only a handful of these procedures. Most of these procedures have been specialized ophthalmologists who perform this operation at regular intervals. During the fall of the ophthalmologist's lawyer tried to doctor the dismissal of the case, claiming that this doctor did everything possible to ensure the patient. Yes, everything possible was done, after that doctor had negligently and carelessly cut the optic nerve. The two main issues in the case were (1) that the doctor is not enough experience to do this surgery, and (2) The doctor cut the nerve that controls eyesight and never realized that the optic nerve was canceled. Given the considerable problems, which in this case, the doctor attempted to withdraw from the case. I was in a position to the full and adequate compensation for loss of vision these people shortly before the case went to court.

Unfortunately for the patient, in spite of the substantial compensation, he will live his life with vision in only one eye. Each expert reviewed the case confirmed that this medical error was totally avoidable.

Oginski Gerry is an experienced medical liability and personal injury trial lawyer practicing law in Brooklyn, Bronx, Queens, New York, Staten Iceland, Nassau and Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for more than 19 years. As a solo doctor, he is able to be 100% of his time to each individual customer. A client is never a file in his office.

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