It was only after our client began suffering visual disturbances and went to another doctor, an ophthalmologist,that she received the correct — and sobering — diagnosis: An MRI revealed a baseball-size tumor, called a hemangioma, growing outside her brain. While not a malignant lesion, it was large enough to compress other parts of the brain and do damage. Neurosurgery followed, but so did a post-surgical infection and sensory losses. Two follow-up operations were necessary. Even today, two decades after those first headaches, our client suffers pain and discomfort.
And it was all preventable. The scope of the surgery— and the resulting complications — could have been reduced had the tumor been removed when it was far smaller. An adequate treatment plan by our client’s primary doctor would have resulted in a more timely diagnosis. Our expert showed that the way the defendant worked — with inadequate work-ups and record-keeping — was negligent, and put our client at unacceptable, unnecessary risk.While the doctor’s negligence was clear, the case presented obstacles, as his practice was owned by a corporation based on a Caribbean island, and his insurance company was also based in the Caribbean. But we were able to obtain a confidential settlement which exhausted policy limits.
Gerson & Schwartz, P.A has over 37 years experience representing all types of medical malpractice and other severe injury claims. For more info on how we can help, call us at 305-371-6000 or by email us info@gslawusa.com