Tillson v. LaneAnnotate this Case
Plaintiff Dow Tillson underwent an elective procedure to remove a cataract in his left eye. Defendant Dr. Richard Lane, M.D., performed the procedure at Springfield Hospital. Plaintiffs alleged in their amended complaint that within twenty-four hours of surgery, Mr. Tillson’s left eye showed signs of infection. Dr. Lane made a presumptive diagnosis of endopthalmitis, but did not refer Mr. Tillson to a retinologist for treatment. Within forty-eight hours of surgery, Mr. Tillson was permanently blind in his left eye. Plaintiff sued for medical malpractice, and defendants the doctor and hospital, moved for summary judgment. Plaintiffs appealed the superior court’s decision to grant defendants’ motion. Upon review of the trial court record, the Supreme Court concluded that deposition testimony of plaintiff’s expert witness was sufficient to withstand a motion for summary judgment. Accordingly, the Court reversed and remanded the case for further proceedings.