Negligent screening of eye surgery patient

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Recent Cases: Medicine

January/February 2013, Volume 28, No. 1

Negligent screening of eye surgery patient 

Mariano v. Wong, Confidential Dkt. No. (N.J., Middlesex Co. Super. Sept. 26, 2012).

Nicholas Mariano underwent surgery to correct his nearsightedness. Afterward, he developed corneal ectasia and worsened vision. He is unable to drive and can no longer continue his law practice.

Mariano and his wife sued ophthalmologist Michael Wong, who performed the surgery, alleging failure to properly screen Mariano. The plaintiffs claimed proper screening would have led to the conclusion that Mariano was not a candidate for the surgery due to his corneal abnormalities. Suit also alleged lack of informed consent.

The defense disputed Mariano’s ability to continue practicing law.

The parties settled for $1.6 million.

Plaintiff counsel: AAJ member Adam M. Slater, Roseland, N.J.

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