Over $1 Billion Won
$800,000 – Failure to Inform
A Nassau County ophthalmologist was found liable last week for failing to inform a patient of the risks associated with any surgical procedure on the cornea that corrects nearsightedness.
The Jury in Nassau Supreme Court awarded $800,000 to the plaintiff, Carl Davis, 48, who suffered a “massive over-correction” of vision in his left eye, which went from a condition of extreme nearsightedness to one of extreme farsightedness. The entire award was for pain and suffering.
According to the plaintiff’s attorneys, Peter Rosenberg of Rosenberg, Minc, Falkoff & Wolff, LLP, , the claim against Dr. Norman O. Stahl of Garden City was not for malpractice, but for failing to inform the patient that the surgery performed – radial keratotomy – was an “experimental procedure” at the time with possible unknown complications and risk. He said, the plaintiff now has no functional vision in his left eye.