DeBernardis Wins Big in Oneida County Med Mal Case

Tom DeBernardis secured a defense verdict in a medical malpractice trial in which the plaintiff alleged the defendant, a primary care physician, failed to coordinate the plaintiff’s care with multiple specialists and failed to perform an optic nerve exam by ophthalmoscope at follow-up appointments, ultimately delaying testing and diagnosis of a brain tumor known as an olfactory groove meningioma.  The plaintiff claimed the delayed diagnosis necessitated a craniotomy which caused permanent blurred vision, diminished executive function, and loss of taste and smell. DeBernardis successfully argued the primary care physician complied with the standard of care by appropriately referring the plaintiff to multiple specialists, and that an optic nerve exam by ophthalmoscope was not indicated. An Oneida County jury returned a no cause for action in less than two hours.