29 January, 2024

No Nonsense Defense Secures Victory for Ophthalmology Practice In Medical Malpractice & Negligence Case


In: Verdicts


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Quintairos, Prieto, Wood, & Boyer, P.A., Atlanta-Hub Partner, Alphonsie Nelson showcased unwavering determination in securing a victory for an Ophthalmology Practice by strategically discrediting critical experts, highlighting the lack of strong proof of negligence, and emphasizing that adverse outcomes don't necessarily imply negligence.

Overview of the Case

  • This was an Ophthalmology case in which the Plaintiff lost vision in her left eye following an internal ophthalmological lens implant surgery.
  • She claimed that her elevated interocular pressure required referral to a glaucoma specialist and that failure to refer resulted in her loss of vision.

Claims Made Against the Client

  • The failure to timely repair iris prolapse led to complications.
  • The failure to appreciate vitreous prolapse resulted in further issues.
  • The failure to timely refer to a glaucoma specialist exacerbated the situation.
  • An inappropriate use of YAG laser surgery in an inflamed eye with elevated interocular pressure worsened the patient's condition.

No Nonsense Defense Strategy

  • The defense showed that the experts critical of the client didn't have the appropriate expertise to criticize the client, who was one of the most experienced eye surgeons in the country.
  • The number of claimed breaches of the standard of care (the plaintiff claimed 11 different breaches) was also argued as a shotgun approach that revealed the absence of any strong proof of negligence.
  • An emphasis and focus was put on the fact that a bad outcome does not establish negligence.

Significance for Future Clients

  • The jury agreed that the Plaintiff did not establish negligence.
  • The shotgun approach revealed the lack of any solid proof on any single claim.
  • The win demonstrates QPWB's ability to secure defense verdicts for medical care providers even in challenging jurisdictions, assuring future clients facing similar legal challenges.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 45 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.

Discover the QPWB Difference

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