Attorneys secured a defense verdict after a six day jury trial in an optometry malpractice suit

Attorneys secured a defense verdict after a six day jury trial in an optometry malpractice suit. It was claimed that the optometrist, along with two ophthalmologists in his practice group, failed to make a timely diagnosis of acanthameoba keratitis, a very rare parasitic infection of the eye, resulting in the total loss of all useful vision in one eye of the 61 year old female patient. The optometrist referred the patient to an ophthalmologist in his group after four visits over an eight day period. The ophthalmologist referred to a corneal specialist six days thereafter, resulting in a definitive diagnosis. Plaintiff's expert testified that the optometrist had a duty to make an earlier referral directly to a corneal specialist. On cross-examination, the expert conceded that the optometrist referral to a general ophthalmologist was timely and appropriate; however, the expert further claimed that the optometrist had an obligation to advise the ophthalmologist of the "urgency" of the situation and to ensure a prompt referral to a corneal specialist. The jury bought none of it and returned a no-negligence verdict in favor of all three defendants within thirty minutes.