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ARTICLE ID 25444
- OPHTHALMOLOGICAL MALPRACTICE - ALLEGED IMPROPER DELAY SCHEDULING EYE EXAMINATION AND IMPROPERLY MONITORED PRESSURES DURING CATARACT SURGERY - PLAINTIFF REGAINS 20/40 VISION.
New York County
In this ophthalmological malpractice action, the plaintiff
contended that the co-defendant ophthalmologists, who shared an
office, failed to properly monitor pressures during an operative
procedure performed on the plaintiffs cataract. The plaintiff
maintained that when her eye began bothering her, she spoke to a
secretary in the office who advised her that her eye condition
did not need to be examined until the following week, resulting
in delay of the cataract surgery. The evidence indicated that the
defendant Gould was the operating ophthalmologist and that the
defendant DeMola was the assistant surgeon. The plaintiffs
expert ophthalmologist contended that the surgical procedure was
improperly performed because the plaintiffs pressures were not
properly monitored during the operation. Medical records
indicated that the plaintiffs best vision had been 20/40 prior
to the surgery, and that after the cataract surgery, the
plaintiff regained vision of 20/40. The defendant DeMola
maintained that his secretary did not schedule the appointment
and defendant Gould testified that the call was never made, but
that if it had been received, his secretary would have scheduled
the appointment. The plaintiff produced a phone bill indicating
that the phone call had been made to the defendants office. The
evidence also indicated that the plaintiffs operative procedure
was not scheduled until three days following her eye examination,
which occurred one week later than the plaintiff preferred. The
jury found in favor of the defendants. Elia Salvatore vs. Gould
and DeMola. Case no. ________-8-85; Judge Michael Dontzin, 8-88.
Attorney for plaintiff: Herman Glaser of Glaser, Shandell & Blitz
in Manhattan; Attorney for defendant: Michael D. Shahoub of
Heidell, Pittoni, Murphy & Bach in Manhattan.
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