Lou La Cava and Andrew Hudson Obtained a Defense Verdict in a Medical Malpractice Case Against an Ophthalmologist in Charlotte County Florida

Lou La Cava and Andrew Hudson obtained a defense verdict in Charlotte County Florida in a medical malpractice case against and ophthalmologist. The Plaintiff, who was 29 years old alleged the defendant was negligent for taking a biopsy of a mass in the orbit of his left eye causing permanent ptosis and double vision by damaging the Muller Levator muscle complex. It was plaintiff’s position that a CT of the orbit should have been performed which would have demonstrated the mass was a benign dermoid cyst which should be removed in its entirety and not biopsied. Plaintiff’s expert criticized the surgical approach utilized by the defendant which he stated caused damage to both the Muller and Levator muscles. He further opined the defendant failed to read the hospital chart which showed the Plaintiff had taken an aspirin two days prior to the procedure. He testified the procedure should have been postponed. Because it was not the Plaintiff suffered a hemorrhage during the procedure which contributed to the damage to the Muller/ Levator complex. The defense demonstrated that the mass itself contributed to the ultimate complications the Plaintiff developed and damages the Plaintiff claimed. It was also the defense position that the surgical approach used while uncommon, was appropriate due to the location of the mass. Medical evidence was uncovered during the work up of the case which damaged the Plaintiff’s credibility as to when he knew the mass was present resulting in a delay in treatment which contributed to his negative outcome. It was also shown that the Plaintiff suffered from ptosis and double vision prior to the biopsy. After a 4 day trial the jury returned a verdict in favor of the defendant after deliberating for an hour and eleven minutes.