Lawyers at DBMS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.

Professional Liability

Plaintiff v. Defendant Ophthalmologist

Client:

Defendant Ophthalmologist

Outcome:

Verdict for the Defense

Synopsis:

DBMS secured a verdict for the defense in a case in which a woman accused a Lasik surgeon of failing to properly assess her prior to surgery.

A 44-year-old woman had Lasik surgery performed by the defendant in 2014. Afterwards she experienced refractive errors and visual disturbances in both eyes and claimed these symptoms worsened over time.

The plaintiff argued that the pre-operative evaluation performed by the defendant was inadequate and that he should have not proceeded with the surgery when he did.

DBMS demonstrated that the pre-operative assessment was thorough and appropriate and that the woman was a good candidate for Lasik. Additionally, DBMS presented evidence that there was a subsequent treatment the woman could have undergone to eliminate her visual issues which she chose not to pursue.

The plaintiff asked for $675,000. The jury was out for a little less than four hours before returning a verdict in favor of the defense.