March 19, 2004

Dr. Nicholas Caro Sued for Medical Malpractice by "S.W."

S. W. and S. W., Individually,
Plaintiffs,
vs
Nicholas C. Caro, M.D., Nicholas
C. Caro, M.D., S.C. & Associates,
and St. George Corrective Vision
Center, Summit Technology, Inc.
also d/b/a Summit Autonomous,
Microtec, Inc., Moria, Inc., Moria SA
a foreign corporation, B. Graczyk, Inc.,
d/b/a Universal/Eye Care Products, New
United Development Corp. and S.C.M.D.
Keratomes, Ltd.,
Defendants.

In this eye (ophthalmology) surgery malpractice suit, these husband and wife plaintiffs are claiming that during one of two, or possibly both bilateral LASIK surgeries performed by Dr. Nicholas Caro on September 22, and October 5, 1999, metallic particles were left embedded in both of Mrs. W's corneas. Although her treatment subsequent to the discovery of the alleged particles was not yet disclosed in this file at the time it was copied, it is possible that she had to undergo corneal transplantation.

On an interesting note: Since 1995, Dr. Caro has been sued over 40 times, which certainly appears to be an unenviable record for a doctor practicing in this field, or any others for that matter.

Currently, Summit Technology, Inc., d/b/a Summit Autonomous, has made a confidential good faith settlement March 19, 2004, but this suit remains pending as to the other defendants. Summit has also made another confidential settlement in another case in which it was a co-defendant with Dr. Caro. We will also publish that case when it is finalized.

The following is part of an interesting letter contained in this file from St. George Corrective Vision Center to Summit Technology dated February 23, 2000:

As a follow up to our conversation, I have tabulated the number of enhancements, which Dr. Caro had to perform on his patients during the time when we felt the Summit Apex Plus Laser was not performing as it should. For your information, the percentage of enhancements during this period varied between 26% to 30%. Dr. Caro's normal enhancement rate is about 3-4%.

Because of the confidentiality of patient records, our office cannot release the names of the patients and their treatment. However, I have covered the names of the patients and left their treatment column visible. (This document was not included) This will allow you to see the treatment record. According to my tabulations, to date, Dr. Caro has performed 166 enhancements on these patients. In all these cases the enhancements were performed to correct the patients' vision to where it should have been had the Laser been performing well.

In an unusual move, this suit was dismissed with the right to reinstate for one year on August 2, 2004, but was almost immediately refiled naming only Dr. Caro and his corporation, St. George Corrective Vision Center, but was then again dismissed with the right to reinstate on November 30, 2004.

Source:  www.malpracticeweb.com/caro_we.htm

Posted by Admin at March 19, 2004 06:47 PM