If ever there was an example of how important it is to have credible expert witnesses in a medical malpractice trial, the case of Devades v. Niksarli, which concluded last week in favor of the plaintiff, is it. The witnesses produced during the LASIK surgery malpractice trial helped win a $5.6 million verdict for the victim, Johnson Devadas. It is the second largest verdict ever involving LASIK malpractice.
Devadas sued Dr. Kevin Niksarli after his botched eye surgery left him with a condition called post-LASIK ectasia, which causes a host of vision problems including halos, blurriness, glare, contrast sensitivity and double vision. Part of the lawsuit involved accusations that Dr. Niksarli acted negligently when he concluded that Devadas was a good candidate for the surgery.
To help prove malpractice, Devadas’ medical attorney called a slew of expert witnesses to testify on behalf of his client. Dr. Paul Donzis, an ophthalmologist and cornea specialist, testified that the patient was not, in fact, a suitable candidate for LASIK surgery based on past medical records.
Additionally, in an interesting and somewhat disturbing twist, the plaintiff’s called former federal agent Albert Lyter, Ph.D., to the stand. Lyter is trained in ink dating analysis and revealed on the stand that Dr. Niksarli intentionally doctored dates in Devadas’ medical charts to artificially age them in an attempt to make it appear that he had discussed the risks, benefits and alternatives to LASIK surgery with Devadas and his wife prior to performing the elected procedure.
Finally, Anthony Gamboa, Ph.D., an expert in vocational economics, took the stand to testify to the loss of income that Devadas has and will continue to suffer from as a result of the malpractice. Devadas was a pharmacist in Queens, New York prior to the surgery. It is unreported whether he has or ever will be able to return to work given the extent of his injuries.
Devadas ended up victorious in his fight for justice, and he owes most of that success to the quality of expert witnesses chosen by his medical lawyer that helped prove his case to the jury.
Expert witnesses are just one reason why it is critical to hire a qualified medical attorney to represent you in your medical malpractice case. If you have been a victim, you don’t have to face it alone. Contact a medical lawyer today.