Legal Question in Medical Malpractice in Pennsylvania

Failure to diagnose and treat

After cataract surgery my mother developed an intraocular infection (endophthalmitis), which has caused permanent blindness in that eye.

Prior to surgery, her vision was 20/200. After surgery a follow-up exam was conducted the next day by a different doctor. Her vision was 20/30, but doctor was concerned because of inflammation. She was told to return the next day. Later that evening she had an extreme amount of pain and her face was very swollen. She contacted the answering service set up for post operative patients and was told the doctor would be notified of her condition and would contact her, but he never did. She then went to the ER, they said she had a bad infection and contacted her doctor, who was on call for that hospital. The doctor told ER staff to prescribe pain medication and tell her to report to his office the following morning. The next day she was examined by the doctor who did the follow-up exam. He had to call another Ophthamologist to find out how to treat the infection.

According to Nat'l Eye Inst. immediate treatment of infection is crucial to minimizing damage to the eye.

Should she pursue a medical malpractice case?


Asked on 11/22/99, 7:18 pm

1 Answer from Attorneys

David Austin Burke & Eisner, P.A.

Re: Failure to diagnose and treat

Well, You can't decide whether to pursue a malpractice case based on what you have posted. You have posted some facts that could possibly be malpractice. You certainly should consider having the records reviewed by a malpractice attorney. It will only be after a thorough records review that someone can tell you whether you have a case.

Feel free to contact me if you would like to talk further about this. 1-800-838-0800

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Answered on 12/13/99, 11:27 am


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