Final Verdict: Blindness a Known Risk

Serious injuries deserve experienced attorneys

Final Verdict: Blindness a Known Risk

A lot of people claim to be able to predict the future. Unfortunately, it’s never quite that easy. The outcome of any medical procedure depends on a broad range of factors, including the patient’s age, current medical conditions, medical history, and genetic factors. There is no way to perfectly predict the results of a surgery or treatment, since not all of these factors can be accounted for. The best that any physician can do is to review all the likely risks with the patient and make sure they can make the Final Verdict: Blindness a Known Riskmost informed decision possible.

Another unknown factor in the outcome of a medical treatment plan is the action of the patient. A patient who cooperates fully and maintains a positive outlook is usually going to have a better outcome than a patient who fails to follow post-treatment directions or has a negative outlook. Physicians should never blame a bad outcome on a patient’s attitude, but patients are still responsible to participate fully in their medical treatment and recovery.

61-year-old Frank Johnson of Washington, DC went to ophthalmologist Gregory Butler to receive cataract surgery. Unfortunately, complications arose, and Frank suffered a rupture of the lens capsule in his right eye. This gradually caused pressure in his right eye, leading to retinal damage. He later saw Dr. Frank Spellman, a retinal specialist, but even a followup surgery was unable to repair the damage, and Frank lost vision in his right eye.

With the assistance of a medical malpractice attorney, Frank sued Dr. Butler for performing the surgery improperly and for failing to refer him to a specialist quickly enough. In the suit, which demanded damages totaling $450,000, he alleged that the ruptured lens capsule had been the result of Dr. Butler’s error. He also alleged that the pressure buildup had been time-sensitive and that if he had been referred within five days, there would have been an opportunity to save his eye.

Due to his partial vision loss, Frank suffered driving ability, reduced visual acuity, and associated distress. His wife, Renee Johnson, also sought damages for loss of consortium. During the seven-day trial, Frank’s medical malpractice attorney argued that the three-week delay in referring him to the retinal specialist was the single greatest factor in his loss of vision.

However, Dr. Butler argued that neither the initial ruptured lens capsule nor the failure to refer were the result of medical negligence. Dr. Butler contended that a ruptured lens capsule is a known and sometimes unavoidable risk of cataract surgery, and that Frank had accepted that risk by going ahead with the surgery. Dr. Butler also claimed that he had recommended immediate follow-up after the initial surgery, but that Frank had declined. According to Dr. Butler, it was Frank’s decision to wait on follow-up that had exacerbated his injury and contributed to the permanent vision loss.

The trial took place on November 2017, and the jury finally returned a verdict on November 15, after 35 hours of deliberation. While the jury did not dispute the blindness or the extent of Frank’s injuries, they ultimately concluded that Dr. Butler was not to blame and could not be held responsible. Cohen & Cohen

Personal Injury Attorneys In:

Washington DC | Maryland | Virginia

workers compensation attorneys in dc
Seen On:

Injury Attorneys DC, MD, VA – Get the Compensation You Deserve! Whether you have been injured in a car accident, a malpractice victim, injured on the job, as the result of shoddy craftsmanship, or in a slip and fall, we can help! Our experienced, competent attorneys excel in all areas of personal injury law.

PRACTICE AREAS

Catastrophic Injuries DC, MD, VA

Automobile Accidents DC, MD, VA

Workers’ Compensation DC, MD, VA

Slip and Fall DC, MD, VA

Medical Malpractice DC, MD, VA

Wrongful Death DC, MD, VA

Truck Accidents DC, MD, VA

Motorcycle Accidents DC, MD, VA

Metro Train Accident DC, MD, VA

FREE CASE EVALUATION

Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

Client Review

"My experience with Cohen & Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back."
L Proctor
Client Review

"I am very pleased with the outcome of my case. I received more than the amount that I originally thought and am very satisfied with how my case turned out. Jill, the attorney working on my case did an excellent job advocating for me to the insurance company and getting me a good settlement. A special shout out to Bryan Moran, who always kept me posted on the updates of my case and was always super responsive to my questions. They are a really thoughtful team, I would definitely recommend to my friends and family."
Carolina Bazan
Client Review

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

Best Personal Injury Lawyer in DC

SuperLawyers2012
SuperLawyers2014
SuperLawyers2010
SuperLawyers2011

Cohen & Cohen Has Been Featured On

FREE CASE EVALUATION

Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

2 + 1 =

Read more: