PROTECTIVE ORDER GRANTED IN LASIK MALPRACTICE ACTION
LAW OFFICE OF TODD J. KROUNER
140 BEDFORD ROAD
PLEASANTVILLE, NEW YORK 10570
(914) 769-8700
TODD J. KROUNER* OF COUNSEL
DOMINIQUE N. FERRERA EVELYN OCHMAN ROSEN
STACEY M. RANCOURT
*ADMITTED IN NY AND NJ
December 16, 2008
PRESS RELEASE - FOR IMMEDIATE RELEASE
Johnson Devadas and Saramma Devadas v. Kevin Niksarli, M.D.,
Manhattan LASIK Center, PLLC, and NewSight Laser Center, PLLC
New York County, Supreme Court of the State of New York
Index # 107637/07
PROTECTIVE ORDER GRANTED IN LASIK MALPRACTICE ACTION. In a LASIK malpractice case scheduled for trial in New York, in January 2009, the trial judge, the Honorable Joan B. Carey, Justice of the Supreme Court of the State of New York, County of New York, granted plaintiffs motion for a protective order, shielding the identify of plaintiffs LASIK malpractice expert. In a decision dated December 8, 2008, Judge Carey held:
When viewed collectively, the evidence submitted by plaintiffs demonstrates a concrete risk that the expert ophthalmologist would be subjected to annoyance, expense, embarrassment, and disadvantage, if identified before trial. The culture of the LASIK industry, as described in plaintiffs various submissions, coupled with the fact that plaintiffs expert has already personally born the brunt of antagonistic comments from colleagues for representing patients in LASIK malpractice claims, leads the Court to find that a protective order is warranted.
Judge Carey was persuaded by plaintiffs submission which included an article in Ophthalmology News, reference to internet websites, and a recent slander action brought against a LASIK expert in Florida.
As a separate matter, plaintiffs recently filed a cross motion to amend their complaint to seek punitive damages as a result of Dr. Kevin Niksarlis alteration of the treating records. Plaintiffs forensic expert, Albert Lyter, III, Ph.D., found that:
(1) the last line on Dr. Niksarlis treating note for Johnson Devadas, namely R/B/A/ of LASIK Sx explained to pt including > , which treating note was purportedly created on March 25, 2004, was created at a time different than the rest of the notations on that page (Exhibit A-1);
(2) the last line in his treating note for Saramma Devadas, namely, R/B/A of LASIK expl. to pt. incl. but not limited >, which treating note was purportedly created on March 24, 2004, was created at a time different than the rest of the notations on that page (Exhibit B-1);
(3) the addendum to Saramma Devadass note (Exhibit B-1) is missing, and by letter dated September 10, 2008, defendants counsel state there isnt a handwritten addendum after the page indicating R/B/A of LASIK expl. To pt incl. but not limited to. The chart you were given is the complete chart in Dr. Niksarlis possession;
(4) the addendum to Mr. Devadass treating note (Exhibit A-1) was artificially aged in a manner that is not consistent with the normal storage of medical records (Exhibit A-2); and
That motion is still pending before the court.
A copy of Judge Joan B. Careys Order is available at www.krounerlaw.com. A full set of plaintiffs motion papers are available at www.krounerlaw.com. For further information, please contact Todd J. Krouner, Esq. at This email address is being protected from spambots. You need JavaScript enabled to view it. or at (914) 238-5800.
Doctors Don't Like To Take a Stand Against Each Other!
What will you do if the unexpected happens?
You end up with a complication that cannot be "fixed" and realized that you were not properly informed of the risks, or you think you have suffered malpractice.....
It's a tactic well-known, repeated countless times, that your surgeon will probably tell you "Just give it another six months" or "The cornea heals very slowly and you just need to be patient". Sometimes, that's enough to keep you pacified until after the statute of limitations (during which you can file a lawsuit) runs out. Once you realize that you are not getting better, it's too late to sue.
Even if you know there's been malpractice, where are you going to find a doctor who will take a stand against his colleagues and to some degree, the refractive surgery industry? Remember, they don't like to admit that this surgery has disabled many, many patients. They prefer to remain in a state of denial and pretend that LASIK never harms anyone because it's an elective and UNNECESSARY surgery. The worse LASIK and other procedures begin to look, the less money they make. Plain and simple, this is strictly about MONEY. Refractive surgery is completely unregulated and it's become a free-for-all for surgeons who can take a one-day class and call themselves a LASIK surgeon. Then as they gain experience, they double it by calling each patient "two cases" because they have two eyes!
What you can expect to hear:
"I don't see any malpractice here."
"Your doctor did nothing wrong."
"That's not exactly what I said," (when your attorney calls the doctor to verify what he told you).
"There is new technology coming that can fix this, so there are no damages here."
"He is an excellent surgeon and I know he fully informs his patients."
Chances are that you will not find an expert witness near your home. Finding one is the most difficult part of litigation, but once you have a reputable expert who says that malpractice occurred, you've got a case!
Were You Threatened With A Cease & Desist Letter?
Any action YOU take as a result of being threatened with a lawsuit can be used against you in a court of law:
The judge ruled in the defamation action brought against me that because I changed my website back to its original state when threatened with a lawsuit, along with correspondence between attorneys, that my actions constituted an agreement/contract. The Pennsylvania Superior Court's opinion.
I sent the Nevyases attorney a letter of intent right after receiving the cease and desist request, and abided by the letter I sent.
Based on my experience, if you are threatened with lawsuit, I would suggest you speak to an attorney prior to considering any changes.
Public Citizen Appeals on Behalf of Gripe Web Site Operator to Protect Internet Free Speech
Court Ruling Endangers First Amendment Rights of Consumers Who Use the Internet to Complain About Companies
For Immediate Release: Contact: Paul Levy (202) 588-1000
June 27, 2006 Robert Yule (202) 588-7703
WASHINGTON, D.C. – A Pennsylvania resident left legally blind after lasik eye surgery should be allowed to identify his doctors on a Web site warning the public about the risks of the surgery, Public Citizen said in an appeal submitted today on his behalf in a Pennsylvania state court.
The appeal, which was filed in Pennsylvania Superior Court in Philadelphia, seeks to reverse an injunction against Dominic Morgan forbidding him from criticizing doctors Herbert Nevyas or Anita Nevyas-Wallace on any Internet Web site.
Refractive Claims Up, Payouts Remain Low
OMIC Publication Archives - Refractive Claims Up, Payouts Remain Low
Read moreAnd not just the courts...
When doctors sue to silence, WHAT ARE THEY HIDING?!?
THOSE WHO HAVE BEEN SILENCED
Brent Hanson, sued by Dr. William Boothe for his LA$IKQUACK.COM website:
BOOTHE v. HANSON - PDF DocumentsMy case, which can now be posted:
NEVYAS v. MORGANSilence is Golden...for the LASIK Doctors?
As Angry Patients Vent Online, Doctors Sue to Silence Them
By DAVID KESMODEL
THE WALL STREET JOURNAL ONLINE - September 14, 2005
Doctors have long accepted that their patients share opinions about the care they have received, knowing that satisfied patients will refer others while those not so happy with their bedside manner might encourage prospective customers to seek treatment elsewhere. But when William Boothe, an ophthalmologist in Texas, saw that one disgruntled former patient was posting his complaints on the Internet, he launched an aggressive response. He sued for libel and other claims, and earlier this year a state judge ordered the material removed from the Web. (See documents below)
READ MORE - Subscription requiredMedical Malpractice?
If you've been damaged, and are seeking legal recourse for those damages, you may be quite surprised, and overwhelmed...
Each case is different. From simple to complex (as was mine), and depending on the courts, facts may necessarily mean nothing. They are easily dismissable depending on the judge's understanding, and you can still be left with no case.
To give you a better understanding, my case as an example:
In 2000 I filed a med mal lawsuit. I believed at the time because so much of my case was dismissed, that the courts didn't want to handle this case because it was so complex. It was also my understanding arbitration was the more feasible route to go.
I lost the arbitration! Again, I believe because of the complexity of the case, and the lack of understanding of facts. Facts the courts, and the arbitrator didn't want to understand.
Vision Simulations for Forensic Use
We prepare simulations for use in the courtroom. Please call for free consultation.
For more informationStatute of Limitations
Informed Consent
Informed Consent almost always offers you absolutely NO PROTECTION! This is to protect the doctors from lawsuits. Most of the risks may be spelled out, and even though the doctor(s) may tell you "there shouldn't be anything to worry about", there's ALWAYS SOMETHING TO WORRY ABOUT! You never know what COULD happen, and once you sign the informed consent, that's it!
Letter printed in the J Cataract Refract Surg, Vol. 26, October 2000
The editorial by a journal editor was overdue. I consider it particularly appropriate that simultaneous bilateral laser in situ keratomileusis (LASIK) is subjected to serious questioning. One can only marvel at the naive trust by patients in modern medicine and in their surgeons and the similarly naive convictions of surgeons that simultaneous bilateral LASIK is what the patients need.
It is not purely a safety issue; simultaneous bilateral surgery violates the principles of informed consent. Nobody can deny that experience with the first eye will render the patient better informed for consenting to the procedure being performed on the second eye. Simultaneous bilateral surgery deprives the patient of the possibility of gaining a better refracative outcome in the second eye and of judging the visual benefit of the surgery by comparing the operated eye +/- residual spectacle or contact lens correction with the corrected unoperated eye. Finally, simultaneous bilateral LASIK preempts a possible decision by the patient to choose another type of refractive surgery for his/her second eye, such as photorefractive keratectomy, intracorneal ring segments, or a phakic intraocular lens, or to postpone surgery on the second eye until better procedures become available if the result of LASIK on the first eye proves unsatisfactory. He/she may not have to wait very long.
Klaus D. Teichmann, MD
News Related...
LASIK Lawsuits - Patients and their lawyers take aim.
Lawsuits Against Patients Backfire on Litigious Surgeons
Study identifies risk factors for refractive surgery malpractice lawsuits and claims
Refractive Surgical Volume Boosts Legal Risk
'Many people have had Lasik treatment, but there's little information about how many suffer complications or damage to their eye as a result.'
Read more - Subscription Required
Jury awards man $3 million
MALPRACTICE: The man had sued Northern Refractive Surgery Center for
the care and treatment he received.
BY MARK STODGHILL
NEWS TRIBUNE STAFF WRITER
A St. Louis County jury determined that Northern Refractive Surgery Center was negligent in its care and treatment of a Duluth man and awarded him more than $3 million in damages.
In or around Philly?
In or around Philly?
Philadelphia's Civil Docket Access system can be found:
Here
Enter last name of doctor and starting date (at least 5-10 years prior) to search for. (example: enter morgan under last name, and 01-jan-2000, and any cases with the name morgan will show from jan 1, 2000. first names (dom) will narrow the search.)
DO YOU NEED A LAWYER
If you are a lawyer who is interested in handling LASIK litigation cases, and would like to be listed here, please contact me at:
EMAIL MEDO YOU NEED A LAWYER...
Who specializes in LASIK litigation?
Law Offices of Todd J. Krouner
93 N. Greeley Avenue Suite 100Chappaqua, New York 10514tel. 914-769-8700Temporary Contact Info:
140 Bedford Road
Pleasantville , New York 10570
Tel. No. (914) 769-8700
Law Offices of Robert A. D'Iorio & Associates, PLLC
Robert A. D'Iorio5335 Wisconsin Ave., NW, Suite 440Washington, DC 20015 Phone: (202) 243-0581Fax: (202) 243-0582Email: This email address is being protected from spambots. You need JavaScript enabled to view it.Website: www.dioriofirm.com or www.dc-lawyer.comWebsites focus on LASIK lawsuits
So who's been sued?
Go to just about every LASIK website and read the testimonials from people who are "happy and content" with their "great LASIK experience". What you won't find or hear about are the procedures that went wrong, or the number of lawsuits:
Major LASIK chains LVI, TLC (and doctors associated with). There are MANY names to add (listed below are a few), Your best bet would be to check your with local or federal courts, or websites such as:
Disclaimer: I do not purport the doctors named to be unsavory, unscrupulous, or otherwise. It is not my intention to slander, defame, cause libel, or otherwise. Doctors are people...PEOPLE ARE NOT PERFECT.
INTACS - The next wave of lawsuits?
Intacs and other IOL’s, recently approved by the FDA are not without its problems either. Doctors who have vested interests in these companies have made millions from LASIK.
More on INTACS...