As Published In

Medical Malpractice — Administration Of Anesthesia Injection Before Cataract Surgery — Choroidal Hemorrhage And Detached Retina

Settlement: Xxxx Kesner v. [DL], M.D., indiv. and d/b/a Langerman Fye Institute, New York Institute Same Day Surgery, and Langerman Cataract and Laser Institute; AR; LJ; EW; Mobile Anesthesia Assoc, P.C.; and Mobile Anesthesia Equipment Services, Inc. 1364/92

Date of Settlement 5/94 Rockland Supreme

Plaintiff Attorney: Eric M. Turkewitz, Manhattan

Facts:

This medical malpractice action settled for $215,000 before trial. Plaintiff, age 78 and retired, presented to Defendant [DL]'s ambulatory clinic on 10/2/89 for cataract surgery. She claimed that when Defendant Dr. [AR], a per diem ophthalmologist hired by Dr. [DL] as an assistant surgeon, administered an injection of anesthesia to her eye, she felt a sharp pain. When Dr. [DL] came info the operating room to start surgery, he abandoned it when he saw a choroidaf hemorrhage. The hemorrhage led to a retinal detachment. Retinal reattachment surgery was unsuccessful.

Plaintiff contended that the injection should have been by either retrobulbar or peribulbar technique, both of which are designed be injected into the orbit of the eye next to the globe. Dr. [AR]'s injection pierced the globe, resulting in the hemorrhage and subsequent detached retina.

Dr. [AR] settled in July 1993, prior to his deposition. Plaintiff, who had a history of colon and rectal cancer, filed a Note of Issue after [DL]'s deposition seeking a quick trial. Other depositions were waived. Defendant [DL] then settled. The anesthesiologist and anesthesia group were granted summary judgment based upon their non-participation in the administration of the injection. Settlement apportion­ment: Dr. [AR] settled for $195,000; [DL] settled for $20,000.