 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
King v. Sowers6/7/1996
OPINION BY JUSTICE BARBARA MILANO KEENAN
In this appeal of a judgment entered in a medical malpractice action, we consider whether the trial court erred (1) in instructing the jury regarding "acceptable and customary" methods of treatment, and (2) in permitting certain testimony by an ophthalmic pathologist, including his evaluation of a computerized axial tomography (CT scan).
Jason D. King, an infant (King), filed an amended motion for judgment by his next friend, Cheryl King, his mother, against Ann B. Sowers, M.D., Ronald D. Harris, M.D., and Gill Memorial Eye, Ear, Nose and Throat Clinic, P.C. (the defendants). King alleged that the defendants were negligent in their treatment of a dermolipoma, a benign tumor in his right eye.
King first sought treatment from Dr. Sowers for the dermolipoma in 1988. The tumor was located on the posterior region of King's eye and usually could not be seen unless the lid was pulled away from the eye. A portion of the tumor, however, was visible when King moved his eye in certain directions. In these limited circumstances, someone observing his eye could see what appeared to be a pink dot the size of a sharp pencil point.
Dr. Sowers diagnosed the tumor as a dermoid cyst, which does not require treatment as long as it does not interfere with vision and remains cosmetically unobjectionable. Dr. Sowers instructed King to seek further treatment only if the tumor grew so that it was visible without lifting the eyelid.
Dr. Sowers testified that when King returned for treatment of his eye in April 1991, the tumor had not changed in appearance or size. At that time, Dr. Sowers also observed that King's visual acuity was normal for a child of his age.
Dr. Sowers stated that she told King's mother that removal of the tumor was not indicated except for cosmetic reasons. King's mother, however, testified that Dr. Sowers told her the tumor had grown and needed to be removed. She further testified that Dr. Sowers did not tell her that the surgery was indicated solely for cosmetic reasons.
Dr. Sowers next testified that, in May 1991, she surgically removed the tumor, which measured 1.5 centimeters by 1.2 centimeters by .7 centimeters. She stated that she removed the tumor intact because, if the contents of a dermoid cyst spill into the eye, it will become severely irritated.
The pathology report on the tumor indicated that it was a dermolipoma rather than a dermoid cyst. Although these two types of growths appear similar, a dermolipoma is a relatively solid, homogenous mass, while a dermoid cyst has a more fluid center. In excising a dermolipoma, only the visible portion of the tumor should be removed. There is no danger of spilling the contents of a dermolipoma into the eye.
The pathology report also indicated that Dr. Sowers inadvertently had removed a portion of King's lacrimal tissue during the surgery. The removed tissue showed signs of scarring and included lymphoid cells. These abnormalities in the lacrimal tissue were unrelated to the dermolipoma in King's eye. The scarring and presence of the lymphoid cells indicated that King's lacrimal gland had been diseased prior to the excision of the tumor.
Dr. Sowers testified that, in December 1991, King returned complaining of severe pain in his right eye. At this time, she observed that King's right cornea had become scratched. She believed that the condition resulted from a chemical irritation and advised King to continue the use of antibiotic eye drops that she had prescribed earlier.
Later that month, King again consulted Dr. Sowers and informed her that he was experiencing even more severe
Page 1 2 3 4 Virginia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|