One field of medical malpractice that is frequent and complicated is diagnosis. Specifically, where the physician either missed the issue or misunderstood the issue. This lawsuit is an example of the latter in the context of ophthalmology.
Filed: June 29, 2016
Jurisdiction: Circuit Court of Illinois, DuPage County
Category: Medical Malpractice; Eye doctor
Plaintiff: Mieczslaw Chrzanowski
Defendant(s): Mark Daily; Wheaton Eye Clinic
Not a lot of cases arise out of eye doctor visits but, then again, this case is not a lot like most others. In July of 2012, the plaintiff in this recently filed case, Mieczslaw Chrzanowski, was experiencing a loss in vision and pain in his left eye. He went to the Wheaton Eye Clinic for help and was seen by Mark Daily. During that visit, the doctor examined him and diagnosed him with chorioretinitis. However, the problem did not stop and aggravated so much that Chrzanoski had to come back in August of 2012. Then, Daily diagnosed him with multifocal chorioditis. Due to this aggravation, expense, pain, and event partial and permanent blindness in the left eye, Chrzanowski sued the doctor and Wheaton Eye Clinic. The theory that the plaintiff raised to claim the clinic was liable was interesting and will be explored in the next section.
Claims and Damages:
The plaintiff sued the doctor for the events as described above and used the following claims: the defendant doctor did not properly treat or monitor the plaintiff’s condition; the defendant doctor did not instruct the plaintiff to follow up with another qualified doctor; the defendant doctor did not instruct the plaintiff on signs of his deteriorating condition; the defendant doctor did not instruct the plaintiff on how to treat his condition; the defendant doctor did not conduct sufficient diagnostic testing; and the defendant doctor was careless in the treatment of the plaintiff.
The plaintiff also sued the Wheaton Eye Clinic using the same grounds as those listed above. The plaintiff’s theory was that the Clinic was vicariously liable for his injuries because the doctor committed the wrongful acts while in the scope of employment of the Clinic. However, the plaintiff went a step further and claimed that the Clinic was also institutionally negligent and therefore liable because of the following claims: it did not adequately monitor or review those who provided medical attention and care to the plaintiff; it should have but did not know about the poor quality of care given to the plaintiff; it did not determine the professional competence of those who worked for it; it did not reasonably hire or asses those that worked for it; it did not provide the plaintiff with competent staff; and it was careless in the treatment of the plaintiff.
As a result of these claims, Chrzanowski claimed to suffer from the following injuries and incur the following damages:
- Permanent and partial blindness in one eye
- Loss of normal life
- Pain and suffering
- Lost future wages
- 735 ILCS 5/2-622
- 740 ILCS 180
- 750 ILCS 65/15
- 735 ILCS 5/13-212
- 735 ILCS 5/2-1116
- 735 ILCS 5/2-1115
- 735 ILCS 5/2-1114
- 735 ILCS 5/2-1205
- One issue to explore in this case is whether the inaccurate or delayed diagnosis truly caused the plaintiff’s injuries or if they were inevitable-this is normally the required investigation in similar incidents.
- The plaintiff in this case suffered total blindness in one eye. Typically, any permanent and complete disability will open the doors to success and recovery but when it is the eye that is even more the case. This is true because this severally limits the plaintiff’s earning prospects as well as his quality of life.
- Short of correctly identifying the issue, the relevant standard of care must be articulated and in such a way that puts the defendant outside of that zone in order for the plaintiff to prevail.
Have Questions About an Illinois Opthalmology Malpractice Case?
Rosenfeld Injury Lawyers LLC appreciates the devastation that accompanies an error made by an eye doctor can have on every aspect of your life. If you or a loved loved one has vision problems related to poor medical care, we would like to speak to you regarding your legal rights and options. We offer free case reviews with experienced malpractice lawyers.