Torts Keyed to Henderson
Helling v. Carey
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Helling (plaintiff) met with her ophthalmologists (defendants) on several occasions will suffering from angle glaucoma a condition where fluids do not discharge from the eye. In order to diagnose this condition, a pressure test is normally administered. However, the medical standard for this test is normally applied to people over the age of forty years old. Plaintiff was less than forty years old so the defendants did not administer the test. After years of seeing the defendants, it was determined the plaintiff was suffering from glaucoma when the doctors previously thought it was irritation from a contacts lens. Plaintiff filed suit for negligence for permanent damage caused to her eye as a result of failing to diagnose the plaintiff earlier.
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