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13 Stetson L. Rev. 136 (1983-1984)
Medical Malpractice and Loss of a Chance Actions--What Standard Should Florida Adopt

handle is hein.journals/stet13 and id is 146 raw text is: MEDICAL MALPRACTICE AND LOSS OF A CHANCE ACTIONS-WHAT STANDARD SHOULD FLORIDA ADOPT? Lazenby v. Beisel, 425 So. 2d 84 (Fla. 2d DCA 1983). Frederick Beisel had cataracts in both eyes when he consulted Dr. William Lazenby, an ophthalmologist.1 Dr. Lazenby decided to remove the cataract from Beisel's right eye and implant an acrylic lens.2 He gave Beisel a general anesthetic, then administered an in- jection behind the eye to relax the eye muscles.3 Within thirty seconds after the injection Dr. Lazenby observed a bulging around the patient's right eyelid, a symptom indicating a hemorrhage behind the eye.4 Lazenby immediately stopped the operation and placed ice packs around the eye to stop the hemorrhage.5 Dr. Lazenby later suc- cessfully removed the cataract, but because of the hemorrhage, did not implant the acrylic lens.6 After the operation the patient was only able to see some light through his right eye.7 His full vision had not been restored. Beisel sued Dr. Lazenby for the negligent treatment of the hem- orrhage. At trial, both parties agreed that the hemorrhage caused the patient's loss of vision. Both parties further agreed that the hemor- rhage was not caused by any negligent action of the physician in ad- ministering the injection behind the patient's eye. Rather, Beisel al- leged that Dr. Lazenby did not take sufficient steps to reduce the pressure caused by the hemorrhage.' Beisel contended that the in- creased pressure damaged the optic nerve, causing the reduction in sight.10 Beisel's expert witness, Dr. Soloway, testified at trial that Dr. 1. Lazenby v. Beisel, 425 So. 2d 84, 85 (Fla. 2d DCA 1983). 2. Id. Operating on the cataract is the only effective procedure available for the treatment of cataracts. BLACK'S MEDICAL DICTIONARY 164 (31st ed. 1979). Usually an anesthetic is injected, lifting the crystalline lens of the eye which, now opaque, is removed, and an acrylic lens is inserted. Id. The operation is generally very safe and effective, even for elderly persons. Id. 3. Brief for Appellees at 2. 4. 425 So. 2d at 85. 5. Id. 6. Brief for Appellees at 2. The doctor prescribed eye glasses for the patient instead. Id. 7. 425 So. 2d at 85. 8. Id. 9. Brief for Appellees at 2. 10. Id.

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