Facts

On a Saturday evening on Nov. 10, 2007, the plaintiff, a 62-year-old retired school teacher, presented to the family practice/urgent care clinic operated by defendant hospital and by defendant doctors A and B, after losing a contact lens in his eye. He was examined by doctor A and told he had suffered a corneal abrasion, but that there was no contact lens in his eye. He was given an eye patch, and a prescription for a painkiller.

The plaintiff was unable to fill the prescription, as defendant A was new to the clinic and not yet on their list of registered M.D. The plaintiff returned to the clinic the next morning and told doctor B that he was unable to fill the prescription, and that he felt the contact lens was still in his eye. Doctor B wrote plaintiff a new prescription but declined to examine him.

The plaintiff left on a trip to Mexico, which he had informed doctor A that he was about to embark upon. The plaintiff's condition worsened during the drive to Mexico. Upon arriving in Puerto Vallarta, the plaintiff consulted an ophthalmologist who immediately located the contact lens in plaintiff's eye and removed it. The plaintiff underwent a course of treatment for an eye infection, including corneal ulcers, which had developed.

The plaintiff alleged medical negligence against the doctors and hospital.

The hospital was dismissed without payment.

Specials in Evidence

Approximately $600 for medical treatment in Mexico.

Injuries

The plaintiff suffered diminished vision in the right eye, from 20/20 corrected to 20/40 to 20/60 corrected.

Result

The parties reached a settlement.