Plagued by years of sinus congestion, our client agreed to have a local Ear, Nose and Throat specialist perform endoscopic sinus surgery. The surgery is performed using an endoscope or tiny telescope with a camera on the end that is inserted in the nose to permit visualization of the sinus cavities. The surgery is intended to remove any obstructions of the sinuses and to permit improved drainage. Unfortunately, the Orlando surgeon failed to keep his instruments within his field of view and inadvertently entered the eye orbit. While that alone would not have caused permanent injury, the surgeon then failed to check to ensure that he was in the proper location. As a result, the surgeon completely severed our client’s eye muscle-leaving him with loss of eye movement, double vision and loss of peripheral vision.
Having recently tried this case in August 2006, we can share with you that doctors and insurance companies continue to try to get away with committing medical malpractice. In this case, doctor and his insurance company, denied any responsibility for the eye injuries. They claimed that as long as a sinus surgeon “does his best,” he should not be held accountable for complications that occur. Obviously, we disagree and believe that the law intends for doctors to take full responsibility for PREVENTABLE errors that cause permanent harm. In this case, the insurance company on behalf of the surgeon arrogantly offered only $10,000 to settle the case. Obviously that amount was inadequate to compensate our client for his injuries and we recommended that the case be tried. We feel blessed that we were able to obtain a fair jury to listen to the evidence and award $1.28 Million as just compensation.
Unfortunately, our healthcare industry continues to try to protect itself, rather than focus on preventing needless, medical tragedies. Sadly, when injuries occur, the doctors and hospitals involved, along with their malpractice insurance companies work to cover-up and deny any wrongdoing. If you or someone you know have any questions about medical care or treatment, please let us know. You may contact us online or call 407-244-1212.
