Legal Question in Medical Malpractice in New York

optometrist misdiagnosis

My wife's optometrist told her for several years that she had a mole on the back of her left eye. He said they'd keep tabs on it and that it was nothing to worry about. Recently, when her vision started getting blurry in that eye, she went to an ophthalmologist, who immediately recognized the ''mole'' as ocular histioplasmosis. She is now going for treatment, but she may have suffered some permanent vision loss in that eye. If the optometrist hadn't reassured her that there was nothing to worry about, she might have had this checked out sooner. Is there a case here for some compensation?


Asked on 1/07/09, 11:19 am

6 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: optometrist misdiagnosis

Missed retinal problems or misdiagnoses are one of the most commonly litigated eye problems. It's hard to say if it's a good case, I think it will depend mostly on his notes and if they support his diagnosis. If not and his his notes are poor, then I'd say she'd have a good chance. But I will say this. It's generally easy to tell the difference between a mole (called a nevus) and a histoplasmosis scar. And nevi rarely become problems, whereas histoplasmosis is an infection and can reactivate any time.

I have handled several of these cases please contact my office as soon as possible.

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Answered on 1/09/09, 8:56 am
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: optometrist misdiagnosis

I agree with all of the above answers.

I am a former assistant professor of Legal Medicine at the Unisversity of Buffalo Medical School. If you would like to contact me, please feel free to do so.

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Answered on 1/08/09, 2:40 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: optometrist misdiagnosis

You very well may have a case. Contact my office at 212.709.8303

For a free consultation

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Answered on 1/07/09, 11:23 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: optometrist misdiagnosis

I specialize in ophthamological malpractice. Call my office as soon as possible.

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Answered on 1/07/09, 11:23 am

Re: optometrist misdiagnosis

Yes, quite possibly there is a case. If the "mole" is something that would have raised suspicion in other optometrists, there may be liability. If the treatment is completely sucessful and there is no loss of vision or other permanent injury, it would be wonderful for your wife, but negatively impact on the damages part of the case. Lots to develop here. Best, M. E. Zuller

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Answered on 1/07/09, 11:37 am
Pasquale Calcagno Calcagno & Associates, PLLC

Re: optometrist misdiagnosis

I am very sorry for your terrible ordeal. It appears as though you have a case of medical malpractice but I need more details about the case. Time is of the essence so call me, Pasquale Calcagno, Esq., asap toll free for a free consultation at 1(800)WE-FIGHT. You can also visit us on the web at www.1800wefight.com.

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Answered on 1/07/09, 5:43 pm


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