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Ophthalmologist Surgical Malpractice Lawsuit in Frederick County

Burley v. Western Maryland Eye Center

Patient doing an Eye ExamThis is an ophthalmologist malpractice lawsuit filed by a woman in Frederick County after defendants incorrectly perform an exchange implant surgery. It was filed in Health Claims Arbitration on March 8, 2017, and is the 118th medical malpractice case filed in Maryland in 2017.

Summary of Plaintiff's Allegations

Plaintiff goes to Western Maryland Eye Center in Frederick County due to vision issues with her right eye. Defendants recommend an exchange implant surgery on the woman's right eye, to bring her vision in the right eye to the same level as in her left for reading purposes.

During the surgery, a report indicates that the team verified the implant model and power. However, they perform the wrong surgery on the plaintiff's right eye and use the wrong implant. A week later when the woman returns for a follow-up appointment, defendants inform her that they erred in choosing the implant power, and corrected her vision for distance rather than reading.

As a result of the improper surgery, plaintiff suffers pain and suffering and physical injuries. She claims the injury is permanent, despite the several corrective procedures.

Additional Comments
  • According to the complaint, defendants did admit that they erred in choosing the implant power during the procedure. This is the rare medical malpractice case where the question of whether a mistake was made is probably not in serious contention. The question is going to be damages. How many corrective surgeries were there? Why didn't they work? What are the functional problems she has today?
Jurisdiction
  • Frederick County
  • Western Maryland Eye Center
  • Western Maryland Eye Surgical Center
  • A registered nurse
  • A COA
Negligence
  • Negligently selecting the wrong implant power in the surgery on plaintiff's right eye
  • Failure to advise the plaintiff that there was a risk that the surgical team would select and use the wrong model or implant power during the surgery
Specific Counts Pled
  • Negligence
  • Negligence/Lack of Informed Consent
  • Negligence Agency
  • Loss of Consortium
Plaintiff's Experts and Areas of Specialty
  • None at this time
Getting a Lawyer for Your Surgical Malpractice Claim

If you have suffered a permanent or severe injury due to the negligence of a doctor, the attorneys at Miller & Zois can help you. We have a very long history of results in medical malpractice cases in Maryland, earning large verdicts and settlements. Call Miller & Zois today to speak to an attorney who can help you at (800) 553-8082 or get a free online case review.

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