Medical Malpractice

Fuchsberg Law Firm Holds Optometrist Accountable for Misdiagnosis

Keith Gross

Keith Gross, a partner in The Jacob D. Fuchsberg Law Firm, recently settled a case against an optometrist for failing to perform and properly interpret tests to assess whether the patient’s vision complaints were attributable to open angle glaucoma, and not merely his cataracts which the optometrist had diagnosed. The optometrist had considered the patient a glaucoma suspect during a prior visit, but failed to alert the patient to the symptoms of open angle glaucoma, and then failed to properly evaluate the patient for glaucoma by assessing his visual field when the patient returned to the office and by failing to properly evaluating the health of his optic nerve during this second visit. These assessments were crucial to assessing whether there had been visual changes between visits which may have been associated with glaucoma. Moreover, we argued that this optometrist should have referred the patient to a medical doctor, an ophthalmologist with a subspecialty in glaucoma, when the defendant first considered the patient to be a glaucoma suspect.  It was our position that as a result of these departures from good and accepted standards of care, the patient became legally blind.    

Mr. Gross was able to move the case to mediation, where it settled quite early in the litigation process, before defendant’s deposition had been taken.  The firm’s clients, the patient and his wife, were delighted with the settlement.

In the event that you believe you may have a medical malpractice case, kindly contact The Jacob D. Fuchsberg Law Firm for a courtesy evaluation.