Senior Partner, Rosaleen T. McCrory, Of Counsel, Maureen P. Blazowski and Of Counsel, Gregory A. Cascino secured a summary judgment on behalf of our client ophthalmologist in Supreme Court, Suffolk County.
This matter involves a then 46-year-old single male, who underwent a left lateral orbitotomy and biopsy of a mass at a Suffolk County hospital on January 25, 2018, to rule out cancer behind the left eye. The procedure was performed by co-defendant plastic and reconstructive surgeon, with the assistance of our client ophthalmologist. Plaintiff alleged that the surgery was performed negligently, that the optic nerve, the central retinal artery and the posterior ciliary artery were severed, and that he is now permanently blind in the left eye. The plaintiff also asserted a claim for punitive damages against both doctors.
MCB argued that our client was not negligent, that he performed a proper ophthalmological work up, and, that he timely referred the plaintiff to a qualified specialist for possible biopsy of the mass. We further argued that the plaintiff’s care and treatment following this referral was at the discretion of the specialist, including whether or not a biopsy was indicated and with regard to the manner by which the plaintiff’s biopsy was carried out.