MEDICAL MALPRACTICE
Jury sides with doctor accused of delayed treatment
On March 16, a jury found that an oculoplastic surgeon wasn’t to blame for not initially diagnosing an orbital fractured that delayed treatment. In 2007, Chase Smolik went to Dr. Victor Atun. Atun prescribed steroids and told Smolik to return in six days. Atun said if there were no changes, he would perform an exploratory surgery. About two weeks later he saw an ophthalmologist who diagnosed a fracture and muscle entrapment. Smolik now suffers from severe double vision. Smolik’s expert ophthalmologist said orbital fractures must be corrected within three to five days, otherwise they can result in permanent injuries. Atun’s counsel argued that the plaintiff’s expert wasn’t credible and the expert said in deposition that some studies inidicated orbital fractures can be treated within two weeks.
