A minor suffered a traumatic brain injury and other life-altering injuries when hit by a car (specific facts confidential) .This settlement was achieved on behalf of a minor that suffered a traumatic brain injury and other life-altering injuries when hit by a car. The negligence allegations were not only against the driver of the car but several other defendants. It was alleged that there was a failure to properly supervise the minor. It was also alleged that one driver waived the minor across a busy road as an attempt was being made to cross. Tragically, the minor was hit by a car in the next lane.

A baby suffered Cerebral Palsy and other brain injuries(specific facts confidential) In this case a baby suffered Cerebral Palsy and other brain injuries as a result of an alleged Failure to Timely perform a Cesarean Section (C-Section). There were also allegations of a Failure to Properly Monitor the baby’s heart rate during labor and a Failure to Properly Administer Pitocen. The baby survived but is not expected to ever walk or talk.

Case Description: Diana N. was in her third trimester of pregnancy. Everything had gone smoothly. One morning, she was transported to the hospital because her water had broken and she was having contractions. When she got to the hospital she was placed on a Fetal Heart Monitor (FHM) and was examined. The FHM revealed several concerns with how the baby was responding to contractions. Certain Decelerations are indications that the baby may be in cardiac distress and/or is suffering a deprivation of oxygen. These issues can lead to neurological complications (Cerebral Palsy, for example) or even death. In certain situations, decelerations on the FHM require an emergent Cesarean Section. Diana was allowed to continue to labor for many hours. The doctor ordered the administration of Pitocen to increase uterine activity. In fact, Pitocen was increased and increased again—despite insufficient progress toward a vaginal delivery and despite concerning FHM strips. In another effort to deliver the baby, the doctor attempted vaginal vacuum extraction several times (unsuccessfully). By the time a Cesarean Section was finally ordered, it was too late—the damage had been done. Diana delivered vaginally in the elevator on the way to the operating room and her child was permanently disabled.

This Settlement was achieved on behalf of a dozen clients who alleged injuries (no loss of life) from a defective product. Injuries ranged from nerve damage to other physical and employment disabilities. Specific terms of the case and settlement are confidential.

Case Description: Teri P. was an adolescent high-school student with concerns about her acne. She was taken to a dermatologist who prescribed a medication called Amnesteem (a generic form of Accutane). Although somewhat rare, instead of lessening her acne, the acne became significantly worse. Proper treatment would have been to discontinue the medication and/or prescribe antibiotics and steroids. Unfortunately, Teri’s doctor was unfamiliar with this complication called a “flare”. His opinion was that the flare was a good sign of healing and, instead of backing off of the medicine, he increased the prescription. Also, this medication has several very important administration rules having to do with, for example, taking it with food and dosing requirements tied to the patient’s weight. He never once weighed Teri—not at the time of the original prescription or at the times when the prescription was increased. Although her appearance became worse throughout the treatment, Teri testified that the doctor was so confident that the medication was working that she had faith in his decisions and followed his instructions.

Injuries and Treatment: A multiple month delay in recognizing the problem resulted in permanent facial scarring. The subsequent-treating doctor explained that, in effect, the tissue between the skin on Teri’s face and her skull had melted away. Treatment included procedures where the doctors would remove fat from Teri’s rear end and legs, purify it and inject it into the space between her skull and the skin of her face and forehead. The reconstructive surgeon would also perform laser procedures to tighten the skin across the newly injected fat. After 7 surgeries, permanent scarring still appears across Teri’s face. In addition to Teri’s treating doctors, doctors acting as expert witnesses also testified. The required standard of care, it was explained, was to recognize the flare, stop the medication and prescribe antibiotics and/or steroids to stop (and try to reverse) the damage.

Damages: There were approximately $100,000 in medical expenses and the projected need for treatment in the future was minimal. There is simply not much else that can be done to improve Teri’s appearance.

Plaintiff Demographics: This case involved an 18 year old girl who, by the time of trial, had just finished high school and had begun college.

Results: Brett Oppenheimer’s legal team took this case to trial. A Warren County, KY jury returned a verdict for Teri in an amount just over $2,000,000.00. The verdict enabled Teri to continue in college without concerns about the finances. She also ended up with sufficient money to know that any treatment necessary in the future will be available to her. While Teri cannot significantly alter the damage done to her skin, she has moved on with her life and continues to further her education.

Case Description: Shari H. went to test drive a pre-owned vehicle. The dealer advertised a multi-point safety inspection of all vehicles. However, the dealer had either not identified or had identified but had not replaced tires that were the wrong size for the wheels/rims. During the test drive, one of the tires failed and caused a single-vehicle accident. Tire expert testimony revealed that the tires were not wide enough to safely meet the width of the rims. This required that the tires be overinflated so that they became wide enough to make contact with the rims. Also, the expert was of the opinion that the “common person” who would take a car for a test drive would not know to look for this problem nor would they think that tires and rims might not “match”.

Injuries and Treatment: Tragically, the driver and her passenger lost their lives in the accident.

Damages: Since the deaths were sudden, there was virtually no medical treatment nor was there substantial conscious pain and suffering. Expected loss of future income was significant.

Plaintiff Demographics: Shari was in her 20s and was married (no children).

Results: Brett Oppenheimer negotiated a settlement for $2,000,000.00. While this was a tragedy, Shari’s family was somewhat comforted by the fact that the dealership was held accountable for the false security associated with advertising a Multi-point safety inspection without providing sufficient safety. Perhaps this tragedy will result in someone else being saved through the actions of Shari’s family and with the help of Brett H. Oppenheimer, PLLC.

A sofa was involved in a house fire that took several lives.This case was against several defendants in the chain of commerce (manufacturer to retailer) of an upholstered sofa "pit group". The furniture was involved in a house fire that took several lives. The allegations included unacceptable fire performance, ineffective flame resistance and a failure to design a reasonably safe product.

Failure to recognize vascular (artery/vein) injury from surgery. In this case, an orthopedic surgeon in Kentucky performed a knee replacement. Unfortunately, the surgeon did not appreciate the fact that he injured an artery and a vein during the surgery. The patient’s foot and leg became cold because of decreased blood flow. The hospital staff nor the doctor took action in time to prevent damage resulting in the partial amputation of the patient’s leg.

A semi tractor-trailer driver caused this accident and left the scene. Ultimately, the truck and driver were identified. The driver claimed not to have known of the accident. Unfortunately, the truck versus car accident left the car's driver with a permanent brain injury as well as many other orthopedic and ophthalmic injuries.

Case Description: Henry F. was driving between work in Lexington, KY and home in Frankfort, KY. He was coming up the hill just after the Kentucky River. A semi tractor-trailer was carrying excessive speed and was not in control of his truck. He sideswiped Henry—forcing Henry’s car into a rock wall. The truck “hit-and-ran” but was ultimately identified.

Injuries and Treatment: Henry had several orthopedic injuries (broken bones) that required surgery and physical therapy. He also fractured his eye socket/orbit and suffered a substantial loss of vision in one eye. Finally, Henry was left with a mild brain injury that ended his career and, to an extent, took away his independence.

Damages: Medical expenses (both past and future) as well as lost wages were significant.

Plaintiff Demographics: Henry was single (but had a girlfriend) and was in his early 60s at the time of the accident.

Results: This case was settled for $1,500,000.00.

Traumatic Brain Injury (TBI) - 45 year old Wendy went in for pre-surgery tests including an endoscopy (a flexible tube with a light and a camera to allow the physician to visualize the digestive tract). Wendy stopped breathing during the procedure, so it was terminated early. Within two days, she continued to have difficulty breathing and went to the emergency room where she was diagnosed with pneumonia. Wendy had a reaction to the medications that were used resulting in her loss of consciousness and, because of her breathing problems, suffered an anoxic or hypoxic event (oxygen deprivation). She coded, ended up in a coma and was ultimately diagnosed with a Traumatic Brain Injury (TBI). This mother of two (a 10 year old and a 13 year old) lost her ability to speak, suffered permanent brain damage and injuries to her kidneys and liver.

Case Description: Thomas L. had a ruptured disc that was allowing his vertebrae to contact his spinal nerves. He attempted conservative treatment (medication, therapy, injections) but ultimately decided to undergo a discectomy and fusion to remove the failed disc and fuse the vertebrae away from the nerve. Unfortunately, the surgery was performed at the wrong level of his spine. It was also alleged that, despite knowing of this error after the surgery, the doctors failed to inform Thomas. It was not until approximately a year later when Thomas came under the care of another doctor that he finally learned of the error. Thomas hired Brett H. Oppenheimer, PLLC to evaluate the records and films and to hire physicians to review the case and give their opinions. Not only were there opinions about the negligence in identifying the proper level of surgery and performing the surgery at the wrong level, but there were opinions that it was negligent to not immediately inform the patient once the doctor(s) knew of the error. This delay, it was alleged, allowed for substantial further injury to Thomas’ spine. The neurosurgeon, the orthopedic surgeon and the radiologist (who “marked” the level of the surgery) each denied liability.

Injuries and Treatment: Additional surgery was required. However, the delay in dealing with the error resulted in major damage to Thomas’ spinal cord.

Damages: Thomas’ ability to walk is significantly impacted. He also has pain that is, at times, disabling. He was forced to live in pain for approximately a year without knowing why the surgery had not helped.

Plaintiff Demographics: Thomas was approximately 50 years old (married) at the time of the alleged malpractice.

Results: The defendants paid a combined settlement in the amount of $1.25 million.

During a cold Winter, the family of a 2 year old, “Sammy”, went to a discount store to purchase a portable electric heater to use in the bedroom to keep him warm. The night before the tragedy, the heater worked well. Unfortunately, on the second night the family used the heater, the thermostat failed to control the heat output allowing the room temperature to exceed 120 degrees and resulting in Sammy dehydrating and, ultimately, losing his life. The story was complicated by several factors including that the child had vomited before being put to bed and other factors that the heater manufacturer used to defend the case.

Case Description: Robert M. needed surgical repair of an abdominal hernia. He was examined, and it was deemed to not be “urgent”. Therefore, Robert waited several weeks until his retirement so that he would not have to miss work through his recovery. Eventually he was admitted for surgery. Robert had some acid reflux (GERD) and other issues that required his anesthesia to be “Rapid Sequence”. It was alleged that, not only did the anesthesiologist fail to properly perform the Rapid Sequence Induction, but he failed to recognize that Robert had aspirated (regurgitated and inhaled contents of his stomach/bile into his lungs). The allegations also included criticism that the anesthesiologist failed to place a Naso-Gastric Tube (NG Tube) prior to intubation to remove stomach contents/bile.

The anesthesiologist is in a critical position with regard to patients in certain procedures. At times, as with rapid sequence inductions, the anesthesiologist is depriving the patient of the ability to protect their own airway. The doctor has to be responsible to protect the airway and breathe for the patient until the intubation is complete and until the patient (or the machines) is breathing on his own. Aspiration can be viewed as a “known complication” or and “excepted risk” of some intubations. However, action must be taken to guard against it and the anesthesiologist must be monitoring the patient closely.

Had an NG tube been placed—even in the situation of an aspiration—stomach acid nor bile would have been inhaled into Robert’s lungs (or, at least, substantially less acid/bile). Had the proper medicine (anesthetics/paralytics) been used in sufficient quantities, it was argued, Robert’s gag reflex would have been neutralized and he would not have regurgitated (which is the first step in an aspiration).

Negligence was also alleged in that the anesthesiologist did not properly monitor Robert to recognize the problem and take steps to mitigate (or lessen) the damage. The anesthesiologist failed to alert the surgeon and failed to alert the nurses in the recovery room. Eventually the nurses noted Robert’s respiratory distress and took action. Unfortunately, as it turned out, the delay was too great.

Injuries and Treatment: After a valiant battle, Robert lost his life several days of the aspiration.

Damages: This case presented a challenge, both from the “conscious pain and suffering” standpoint as well as the “income loss” standpoint. Robert was in his 60s and had recently retired, although he did have the potential to do some consulting work. Additionally, the injuries from inhaling the stomach acid, etc, were so significant that he was not conscious for many minutes between the injury and his ultimate death.

Plaintiff Demographics: Robert was married with 2 adult children and was looking forward to his retirement with his wife.

Results: Brett Oppenheimer and his team settled this case for $1,100,000.00.

Case Description: William B. noticed a partial loss of vision in both eyes. Interesting, was the fact that the loss of vision was “symmetric” (the same area of vision was missing in each eye). His doctor mistook William’s issue to be visual when, in actuality, it was a benign pituitary tumor in his brain putting pressure on his optic nerves. The fact that William’s vision loss was in the same area of each eye should have been an indication that the problem was in the brain and not in the eyes themselves. A physician hired by Brett H. Oppenheimer, PLLC to review the case and give expert opinions confirmed that the symmetric loss of vision was a classic sign of pressure on the optic nerve. The delay between William’s complaints and the ultimate discovery of the cause was alleged to be the negligence forming the basis of the case. Although the tumor was benign (as opposed to a malignant cancerous tumor), it exerted its damage thru pressure as it grew.

Injuries and Treatment: By the time the tumor was discovered, it had grown significantly and had become entangled in William’s optic nerves and other structures in his brain. Had the tumor been discovered earlier, testimony indicated that it likely could have been removed thru a much lesser invasive procedure such as removing it by entering William’s brain through his nose. Because the tumor had grown to roughly the size of a lacrosse ball, William underwent a surgery called a bi-frontal craniotomy.

Damages: William was left with such vision deficit that he is now deemed “legally blind”. Also, because of the alleged delay and the entanglement of the tumor with other structures, William lost his thyroid and lost his ability to smell (anosmia). He also has very significant scars on his head from the craniotomy.

Plaintiff Demographics: William, at the time of the allegations, was in his late 30s and was married.

Results: Brett Oppenheimer and his team settled this case for $1,000,000.00.

Case Description: Wayne P. was in an automotive repair shop awaiting some repairs on his vehicle. As a mechanic struck a metal tool on a metal part, a small piece of metal struck Wayne in the eye. He was taken to the Emergency Room where it was not recognized that metal had actually entered his eye. Rather, it was believed that Wayne suffered only a corneal abrasion. The abrasion was treated with medication and a patch. Unfortunately, that allegedly improper treatment allowed the metal to infect his eye. When a foreign object enters the eye, it is very important to remove it quickly. As happened here, the delay (and even the “protection” of the foreign object by patching the eye) allowed for infection to fill the back portion of Wayne’s eye and attack his retina.

Injuries and Treatment: The eye infection resulted in a detached retina. Surgery was performed to reattach the retina. Post-Surgical treatment involving Wayne laying face down (in a “doughnut” pillow) for weeks was unsuccessful. Wayne described the weeks and weeks of laying face down in the doughnut as being like in prison. When his retina re-detached—it was depressing for Wayne. Not only because he felt as if the surgery and the “prison-like” recovery were a waste…but he learned that subsequent efforts to re-attach a retina were less likely to be successful than the first attempt. Regardless, he had to go thru the same recovery protocol. Another surgery—and another round of laying face down for weeks. As feared, re-attachment number two was also unsuccessful. Eventually, Wayne lost his eye and now has a prosthetic eye.

Damages: Wayne is a salesman and, therefore, other than the lost wages for post-surgical recovery, suffered very little in the way of lost income. His medical expenses were about $100,000. His pain and suffering never had to be specifically defined as the case was settled prior to trial. Wayne hired Brett H. Oppenheimer, PLLC to evaluate, investigate and pursue his allegations that the Emergency Department was negligent in failing to diagnose his retained foreign object.

Plaintiff Demographics: Wayne is in his 40s and is married.

Results: Brett settled this case for $1,000,000.00. Wayne was thus able to cover his past and future medical expenses and all ongoing costs for his prosthetic eye and its replacements.

A college student breathed toxic chemicals in the home she was renting. A bathtub refinishing company failed to perperly ventilate styrene, toluene, volatile organic acid and other vapors. Exposure to these toxic chemicals resulted in damage to her brain, lungs and heart.

When a 3 year old child successfully started a fire with an allegedly child resistant disposable cigarette lighter, this claim alleged ineffective child safety features and inadequate warning language. The case was against several businesses in the chain of commerce (manufacturer, importer and/or distributor).

Failure to Timely Diagnose Breast Cancer. This case involved the devastating discovery of metastasized breast cancer. Unfortunately, a review of prior mammograms revealed changes over several years that had not been appreciated by the radiologists.

Discectomy and Fusion Spinal surgery was performed at the wrong spinal level. Disputes focused on which medical providers were at fault. The allegations were against the neurosurgeon, the orthopedic surgeon and the radiologist. Settlements were reached with each doctor.

This client alleged a 20 month failure to diagnose her breast cancer. After an initial complaint and "normal" mammogram, the patient continued to complain. She felt as if her concerns were not adequately addressed. By the time her cancer was ultimately diagnosed, her cancer had grown and had metastasized (spread) to her lymph node system.

A daycare served fruit cocktail containing whole grapes to a 2 year old child. She choked on the grape and died in the hospital approximately 3 weeks later. Allegations of negligence included serving a 2 year old child a whole grape, failure to properly supervise and failure to properly manage the emergency once it occurred.

This 55 year old patient was diagnosed with breast cancer. After her mastectomy, pathology confirmed she had 7 lymph nodes positive for cancer. Her cancer was Stage III (Stage 3). Tragically her doctor failed to order radiation. Her cancer came back and spread to her liver and to her brain.

A car crash injured the driver and took the life of his wife/passenger. In this case a young driver crossed the center line and caused a collision. The husband suffered a fractured hip and significant lacerations to his arm and head. His wife suffered internal injuries and died as a result of internal bleeding.

Case Description: Grant and Vivian were traveling just south of Louisville, KY when a careless young driver crossed the center line and caused a collision.

Injuries and Treatment: Grant suffered a fractured hip and several lacerations. Vivian lost her life.

Damages: Grant and Vivian were an elderly couple enjoying their retirement. Vivian lost her life within hours of the accident. Grant largely recovered from his physical injuries within a few months of the accident.

Results: This case was settled for just in excess of $600,000.00.

Wrong Level Spinal Surgery. This case involved a spinal surgery performed at the wrong level. The orthopedic surgeon and the neurosurgeon each had a portion of the responsibility for the error. Additionally, the patient's complaints after the surgery resulted in additional testing. Discovery of the fact that surgery had been performed at the wrong level was not disclosed to the patient.

When a sub-contractor decided to use a drywall cart to transport and store thousands of pounds of glass (instead of using an appropriate glass cart), it was a recipe for disaster. This client was working to clean up an area for the painters and attempted to move the cart. When the load shifted, the cart fell on her and crushed her back resulting in significant and permanent injuries.

A 7 year old, “Marissa” had leg pain, belly pain and nausea and difficulty urinating. Although the pediatrician did not have great concern—mom did as Marissa’s symptoms worsened throughout the day. The Emergency Room likewise did not have great concern despite Marissa’s excruciating pain and inability to provide a urine sample. She was released. Within approximately 24 hours (and after follow up calls from mom to the pediatrician and the hospital), Marissa was partially paralyzed. Unfortunately, she had been exhibiting early signs of a neurological disease, Transverse Myelitis. Although treatment helped somewhat (paralysis from neck down became paralysis from chest down), Marissa is wheelchair bound for life. This disease, regardless of how soon caught, has a tough track record and the defense argued that the delay did not cause Marissa’s permanent injury—Transverse Myelitis did. The case settled just before trial as the family preferred some financial recovery versus the risk of losing, fighting a long appeal if they won, etc. The settlement also provided Marissa with an opportunity to have purchased for her a “Structured Settlement Annuity” providing her with monthly payments instead of taking the entire settlement immediately.

Case Description: Unfortunately we hear many allegations of physicians (family practice doctors, obstetricians/OB-GYNs, radiologists) failing to timely recognize a tumor in breast tissue. This case study briefly outlines allegations by several women. Typically the allegation is that, after an ultimate diagnosis, mammograms are reviewed and the tumor that was diagnosed should have been seen, for example, 20 months to 3 years earlier. When these patients learn of the cancer they are faced with many decisions: mastectomy, lumpectomy, radiation, chemotherapy, etc. Sometimes they are concerned that the treatment they have to undergo is more substantial than what they would have faced had their cancer been observed sooner. These patients often contact an attorney, such as Brett H. Oppenheimer, PLLC to evaluate their story, their medical records and to get one or more physicians to review the records and/or the films (mammograms) to determine, (1) if the cancer should have been discovered earlier and (2) if earlier detection would have resulted in substantially different treatment and different prognosis (future).

Injuries and Treatment: In these cases, it can be difficult to confirm the treatment that was required versus that which would have been required had the cancer been identified earlier. Typically the allegations include that the delay resulted in a different “Stage” of the cancer at eventual diagnosis and/or an allegation that the cancer had spread or “metastasized”.

Plaintiff Demographics: We have represented women ranging in age from their 40s to their 60s who have alleged failure to timely diagnose their breast cancer.

Results: We have resolved these cases in a range between $500,000.00 and $775,000.00.

Medical providers failed to recognize a shunt malfunction and patient died. A child was born premature, hydrocephalic and with Cerebral Palsy. He required the surgical implantation of a shunt to drain fluid from his head. When the medical providers failed to recognize a shunt malfunction (clog), his brain stem herniated and he tragically lost his life.

This case was handled on behalf of the Estate of a woman who lost her life in an accident between the car in which she was a passenger and a semi tractor-trailer. Issues of significance included that her death was instantaneous (indicating that there was approximately no conscious pain/suffering) and the fact that she was not wearing her seatbelt at the time of the accident.

Surgery to remove a growth on this patient's neck resulted in the cutting of several nerves. The patient lost the bulk of use of his dominant arm and suffered several other nerve complications (burning, pain, etc.).

Bite injuries to the stomach of this appliance repair technician necessitated several surgeries to deal with an umbilical hernia and resulting nerve injuries.

This 38 year old patient was having irregular menstrual bleeding. Her doctor decided that the appropriate treatment would be a D&C (Dilation and Curettage). Unfortunately, the doctor performed a much more drastic procedure called an Endometrial Ablation and burned away the patient’s entire endometrium taking away the patient’s ability to become pregnant in the future.

Brett and his team resolved a medical malpractice claim against a pulmonologist (lung doctor) for $250,000. In this case, the client had gained weight and wanted bariatric surgery. During pre-surgical testing (endoscopy), complications were encountered. She suffered a seizure and stopped breathing. The medical team revived her and sent her home. She felt sick, was taken to the Emergency Room and was admitted to the hospital. She had an adverse reaction to medication, coded twice and went into a coma. This mother of two has now been diagnosed with a brain injury. This settling doctor was one of several defendants in a lawsuit that is ongoing. One defendant is remaining. Trial against the remaining defendant is scheduled in the coming months.

Brett and his team resolved a medical malpractice claim against a pulmonologist (lung doctor) for $250,000. In this case, the client had gained weight and wanted bariatric surgery. During pre-surgical testing (endoscopy), complications were encountered. She suffered a seizure and stopped breathing. The medical team revived her and sent her home. She felt sick, was taken to the Emergency Room and was admitted to the hospital. She had an adverse reaction to medication, coded twice and went into a coma. This mother of two has now been diagnosed with a brain injury. This settling doctor was one of several defendants in a lawsuit that is ongoing. One defendant is remaining. Trial against the remaining defendant is scheduled in the coming months.

A Nursing Home resident suffered severe pressure sores (also called decubitus ulcers or bedsores) as a result of the nursing home staff failing to reposition him often enough.

This Kenton County, Kentucky Jury verdict was rendered in favor of a woman who was misdiagnosed as having a blockage in her heart. As it turned out, she was just suffering from a cardiac spasm and did not need the heart bypass surgery that she received.

A surgical spnge was left behind in this patient during her hysterectomy. The nursing staff and the hospital had concerns about the sponge count being off, but ultimately decided there was no retained sponge based upon an x-ray that failed to film the surgical site. The OBGYN also shared responsibility because he failed to recognize that the film (x-ray) "missed" the surgical site.

While doing some yard work, this client was bitten by a copperhead snake. He went to the emergency room and shared his story. The patient was advised that he had suffered a "dry bite" (no venom) and that no treatment was necessary. As the day progressed, the client’s pain migrated from his hand through his wrist and into his arm. By the time the pain and discoloration got to and past his elbow, he and his wife decided to seek advice from another emergency room. As it turned out, he was suffering the effects of a copperhead strike. Emergency room number 2 saved the patient’s arm. Investigation revealed that emergency room #1 did not have any anti-venom (antidote). The hospital settled the claim of negligence for $150,000.00.

Jury Verdict. The Jury returned this verdict in an Automobile Accident Case where the primary injuries were soft tissue in nature. A small component of the Verdict represented an award for the Loss of Consortium suffered by the victim's husband.

An OBGYN performed a "mini tummy tuck" on this patient that was scheduled for a hysterectomy. The patient did not consent to the tummy tuck which ultimately failed and required additional plastic surgery to correct.

This case settled during day 2 of a Kentucky Jury Trial. The allegation was that the patient’s family doctor failed to recognize that the patient had punctured his eye with a nail. The doctor misdiagnosed the injury as a corneal abrasion. The failure to timely diagnose the injury resulted in an infection that ultimately caused a detached retina.