FKB's Kathryn Collins obtains a defense verdict in Supreme Court, New York County before Judge Joan B. Lobis in a medical malpractice trial. 10/8/09

The case involved claims that the defendant optometrist failed to diagnose a detached retina which resulted in a delay in surgery and a permanent decrease in the plaintiff's vision. The plaintiff argued that the defendant failed to perform a complete eye examination and that the diagnosis of Fuchs' Dystrophy was incorrect. The defendant testified that he referred the plaintiff to the hospital because he was concerned about the plaintiff's retina. However, the plaintiff testified that he was never told of the serious nature of his condition or to go to the hospital. The plaintiff eventually went to another doctor who performed surgery to repair the torn retina.

Ms. Collins was able to effectively impeach the plaintiff who admitted to giving different versions of critical events.

There were 3 departure questions on the verdict sheet against the defendant doctor and the jury returned a unanimous verdict in favor of the defendant.

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