Robert Maloney testifies against patient with large pupils:
Woman Suffers Night Blindness After LASIK Procedure ? Claims Large Pupil Size Increased Risk ? Defense Verdict in California
The plantiff was a forty-one year-old high school counselor, who underwent LASIK surgery on November 30, 2000. The plantiff?s status as a high myope increased the amount of correction needed during LASIK. The plantiff filed suit because she experienced a high degree of night blindness, including blurry vision and starbursts halos. Suite stated that the defendant ophthalmologist fell below the standard of care by not recognizing the fact that she had large pupils. The plantiff presented expert testimony linking large pupils to an increased risk of LASIK side-effects subsequent to surgery. The defendant?s expert cited studies showing no correlation between vision problems subsequent to LASIK and pupil size. The defendant did admit that high myopes are at increased risk for side-effects, but that this was disclosed to the plantiff in the consent form she signed. According to published accounts, the jury found in favor of the defendant. Plantiff?s Experts: Robert Weiss, M.D., ophthalmology, Newport Beach, CA. Defendant?s Experts: Robert Maloney, M.D., ophthalmology, Los Angeles, CA. Susan Watkins V. William May, M.D. San Diego (CA) Superior Court, Case No. GIC 800193. Duane A. Admire, San Diego, CA, for the plantiff. Gregory D. Were, Los Angeles CA, for the defendant.
_________________ Bill
"What concerns me is that if the person informing the patient is themselves poorly or inaccurately informed then how on earth can consent ever be truly informed?" Dr. Sarah Smith
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