LASIK Malpractice Re-trial Ordered Against Frank R. Owczarek, M.D.

May 30, 2014 


Thomas Baird v. Frank R. Owczarek, M.D. and Eye Care of Delaware, LLC In the Superior Court of the State of Delaware, Case No. N11C-09-241 RRC


On May 28, 2014, the Delaware Supreme Court reversed a jury verdict in favor of Frank R. Owczarek, M.D., Eye Care of Delaware, LLC, and Cataract and Laser Center, LLC (the “Defendants”) and ordered a new trial. Plaintiff Thomas Baird had sued the Defendants for medical malpractice involving LASIK eye surgery. Following an eight-day jury trial in April 2013, the jury returned a verdict in favor of the Defendants. The Delaware Supreme Court reversed and ordered a new trial on two ground

First, it found that the trial court abused its discretion after it learned that a juror had conducted internet research during the trial, contrary to its explicit instruction not to do so, but then declined to conduct any investigation concerning the substance of the juror’s internet research.

Second, the Delaware Supreme Court ruled that the trial court abused its discretion when it admitted evidence of informed consent, over plaintiff’s objection, when plaintiff made no claim for breach of informed consent.  In a case of first impression in Delaware, the Delaware Supreme Court held that: “Evidence of informed consent in a medical malpractice action could confuse the jury by creating the impression that consent to the surgery was consent to the injury.” The Delaware Supreme Court cited the appellate courts of six other states that have ruled similarly.

A copy of the Delaware Supreme Court’s decision is available here.

The parties’ briefs and oral argument before the Delaware Supreme Court are available here.

Plaintiff was represented by Todd J. Krouner, of The Law Office of Todd J. Krouner, and Bruce Hudson, of Hudson & Castle Law, LLC.  Defendants were represented by Joshua H. Meyeroff and Gregory McKee, of Wharton Levin Ehrmantraut & Klein.  For further information, please contact Mr. Krouner at 914-238-5800, or Mr. Hudson at 302-428-8800.

If you or a loved one has been injured by a doctor, you should promptly contact an attorney with experience in medical malpractice.  The Law Office of Todd J. Krouner has a proven track record of helping patients injured by eye doctors (and other forms of medical malpractice) all over the country.  To determine if you have a strong case, contact us for a free consultation at (914) 238-5800.