Baird v. Owczarek, DeFAX Case No. D66318 (Del. May 28, 2014) (en banc) (20 pages).
The Delaware Supreme Court reversed and remanded the superior court's judgments after a jury found in favor of defendants Dr. Frank R. Owczarek, Eye Care of Delaware LLC and Cataract and Laser Center LLC in Thomas Baird's medical negligence action, holding that the superior court reversibly erred in failing to conduct any investigation into alleged egregious juror misconduct and in failing to exclude evidence of informed consent. Dr. Owczarek performed a LASIK procedure on both of Baird's eyes on Jan. 27, 2004. On Oct. 14, 2009, Baird underwent a second LASIK surgery on his left eye. Baird alleged that as a result of the surgeries, he developed post-LASIK ectasia, a vision-threatening corneal disease that required a DALK procedure. On Sept. 30, 2011, Baird filed a medical negligence action alleging that Dr. Owczarek was negligent in his decision to perform the surgeries.
|June 11, 2014
Thank you for sharing!
Your article was successfully shared with the contacts you provided.
This premium content is locked for Delaware Law Weekly subscribers only.
Subscribe now to enjoy unlimited access to Delaware Law Weekly content,
5 free articles* across the ALM Network every 30 days,
Exclusive access to other free ALM publications
And exclusive discounts on ALM events and publications.
*May exclude premium content Already have an account? Sign In Now
Interested in customizing your subscription with Law.com All Access?
Contact our Sales Professionals at 1-855-808-4530 or send an email to email@example.com to learn more.
As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters.
Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss.
Tailored just for you. In your inbox. Every day.