October 01, 2005

Dr. Anthony Kameen Sued by George Psoras for Medical Malpractice

IN THE CIRCUIT COURT OF MARYLAND FOR BALTIMORE COUNTY

GEORGE PSORAS, JR.  and
MICHEL PSORAS
2039 Eliza Dorsey Lane
Ellicott City, Maryland 21043

                Plaintiffs

v.

ANTHONY J.  KAMEEN, M.D.
555 Fairmount Avenue, Suite 202
Towson, Maryland 21286

and

ANTHONY J.  KAMEEN, M.D., P.A.
555 Fairmount Avenue, Suite 202
Towson, Maryland 21286

and

BALTIMORE LASER SIGHT CENTER,

Ltd. d/b/a The Greater Baltimore Vision Laser Center 
6701 N.  Charles Street
Towson, Maryland 21204

and

GREATER BALTIMORE MEDICAL
CENTER, INC.  individually and t/a The
Greater Baltimore Vision Laser Center
6701 N.  Charles Street
Towson, Maryland 21204

and

LCA  VISION, INC.
Individually and d/b/a
Greater Baltimore Vision Center
7840 Montgomery Road
Cincinnati, Ohio 45236

                Defendants

       

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  Case No.:  03-C-01-012898

AMENDED COMPLAINT

        George Psoras, Jr.  and Michel Psoras, Plaintiffs, by their attorneys, Jay D.  Miller and White, Miller, Kenny & Vettori, L.L.P., sue Defendants Anthony J. Kameen, M.D., Anthony J. Kameen, M.D., P.A., Baltimore Laser Sight Center, Greater Baltimore Medical Center, Inc., and LCA  Vision, Inc.,  and for reasons say:

FACTUAL ALLEGATIONS APPLICABLE TO ALL COUNTS

        1.  This action originated as a Health Claims Arbitration proceeding pursuant to Court and Judicial Proceedings Article §3-2A-01, et seq.

        2.  Pursuant to §3-2A-06(b), Plaintiffs filed a written Waiver of Arbitration (a copy of said Waiver is attached hereto as Exhibit A).

        3.  The venue is Baltimore County.

        4.  The value of this claim is in excess of Twenty-Five Thousand Dollars ($25,000.00).

        5.  At all times relevant to this action, Anthony J. Kameen, M.D., Anthony J. Kameen, M.D., P.A., The Baltimore Laser Sight Center, Ltd. d/b/a The Greater Baltimore Vision Laser Center, Greater Baltimore Medical Center, Inc. and LCA Vision, Inc. were defendants offering ophthalmological services to the public in Baltimore County under the name of The Baltimore Laser Sight Center, Ltd. d/b/a The Greater Baltimore Vision Laser Center, and LCA Vision, Inc.

        6.  At all times relevant to this action, defendant Anthony J.  Kameen, M.D., was a doctor of ophthalmology in the State of Maryland offering ophthalmological services to the public in Baltimore County. 

        7.  At all times mentioned herein, Anthony J.  Kameen, M.D., was acting as the agent, servant and/or employee of Anthony J. Kameen, M.D., P.A., The Baltimore Laser Sight Center, Ltd. d/b/a The Greater Baltimore Vision Laser Center, Greater Baltimore Medical Center, Inc., and LCA  Vision, Inc. operating as Greater Baltimore Vision Laser Center.  The defendants LCA Vision, Inc.  and Greater Baltimore Medical Center, Inc.  entered into a partnership/joint venture to own and operate  The Baltimore Laser Sight Center, Ltd. d/b/a The Greater Baltimore Vision Laser Center at the Greater Baltimore Medical Center Hospital, where the Plaintiff underwent the LASIK eye surgery.

        8.  Plaintiff George Psoras, Jr.  consulted the aforementioned defendants on or about April 24, 1998 for consultation and examination regarding vision correction by Laser Refractive Surgery.

        9.  Defendant Anthony J.  Kameen examined the Plaintiff and recommended the performance of LASIK surgery.   Defendant Kameen was negligent by failing to fully inform Plaintiff of the material risks of the LASIK procedure on a patient such as the Plaintiff who had serious pre-existing conditions which made him an inappropriate candidate for the procedure.  Defendant Kameen also expressly warranted and promised the Plaintiff that he could not lose his sight or go blind as a result of undergoing the  LASIK procedure.  Had defendant Anthony J.  Kameen fully informed the Plaintiff of the risks of the procedure, the Plaintiff would not have had undergone the procedure.  

        10.  Greater Baltimore Medical Center, Inc advertised as a hospital capable of performing LASIK surgery.  Plaintiff Psoras relied upon the representations of Greater Baltimore Medical Center as a hospital qualified and capable of performing this surgery and selected Greater Baltimore Medical Center as a result.

        11.  On May 22, 1998 defendant Anthony J.  Kameen, M.D. performed Laser Refractive Surgery, LASIK, upon the Plaintiff, resulting in retinal tears and detachment in Plaintiff's left eye resulting in total blindness. 

        12.  As a result of defendant Anthony J.  Kameen, M.D.'s negligent examination, failure to provide informed consent, negligence in the performance of the procedure when contra-indicated, the Plaintiff has lost all of his useful vision in his left eye.

COUNT ONE
(Negligence vs.  Anthony J.  Kameen, M.D.)

        13.  Plaintiff, George Psoras, Jr.,  incorporates the allegations in paragraphs 1 through 10 of the Statement of Claim.

        14.  Defendant Anthony J.  Kameen, M.D.,  departed from the standard of care by negligently:

  1. a.failing to properly care for and timely treat Plaintiff's condition;
  2. failing to refer Plaintiff to another practitioner competent to treat Plaintiff's condition;
  3. failing to inform Plaintiff of the risks associated with the LASIK procedure;
  4. failing to properly inform the Plaintiff of all medical and surgical options available and the risks associated with each option;
  5. failing to properly inform the Plaintiff of the risk of loss of vision if he underwent the procedure;
  6. failing to properly examine the Plaintiff; and negligently and/or falsely recording as a finding “retina within normal limits”;
  7. negligently informing Plaintiff he was a viable and proper candidate for surgery and negligently proceeding with the surgery despite the fact that Plaintiff was not an appropriate candidate for surgery of this type;
  8. was in other ways negligent.

        15.  The above negligence proximately caused Plaintiff, George Psoras, Jr. to suffer and to continue to suffer serious, painful and permanent injuries to his eye including blurred vision, loss of vision, extreme physical and mental pain and suffering, unnecessary medical treatment, hospitalizations, past and future medical and hospital expenses and loss of enjoyment of life.  Additionally, Plaintiff has suffered a reduction in his earning capacity and will suffer a loss of his work life expectancy.

        16.  Plaintiff exercised due care and was in no way contributorily negligent.

        17.  Plaintiff was not informed of the risk of the LASIK procedure, and defendant Kameen expressly warranted to Plaintiff that he could not go blind as a result of the procedure, upon which warranty the Plaintiff relied.

        WHEREFORE, Plaintiff, George Psoras, Jr., claims more than Twenty-Five Thousand Dollars ($25,000.00) in compensatory damages against Anthony J.  Kameen, M.D.

COUNT II
(Negligence vs.  Anthony J.  Kameen, M.D., P.A.)

        18.  Plaintiff, George Psoras, Jr.  incorporates the allegations in paragraphs 1 through 15 of the Statement of Claim.

        19.  Defendant Anthony J.  Kameen, M.D., P.A., departed from the standard of care by negligently:

  1. failing to properly care for and timely treat Plaintiff's condition;
  2. failing to refer Plaintiff to another practitioner competent to treat Plaintiff's condition;
  3. failing to inform Plaintiff of the risks associated with the LASIK procedure;
  4. failing to properly inform the Plaintiff of all medical and surgical options available and the risks associated with each option;
  5. failing to properly inform the Plaintiff of the risk of loss of vision if he underwent the procedure;
  6. failing to properly examine the Plaintiff; and negligently and/or falsely recording as a finding “retina within normal limits”;
  7. negligently informing Plaintiff he was a viable and proper candidate for surgery and negligently proceeding with the surgery despite the fact that Plaintiff was not an appropriate candidate for surgery of this type;
  8. was in other ways negligent.

        20.  The above negligence proximately caused Plaintiff, George Psoras, Jr.  to suffer and to continue to suffer serious, painful and permanent injuries to his eye including blurred vision, loss of vision, extreme physical and mental pain and suffering, unnecessary medical treatment, hospitalizations, past and future medical and hospital expenses and loss of enjoyment of life.  Additionally, Plaintiff has suffered a reduction in his earning capacity and will suffer a loss of his work life expectancy.

        21.  Plaintiff exercised due care and was in no way contributorily negligent.

        22.  Plaintiff was not informed of the risk of the LASIK procedure, and defendant Anthony J. Kameen, M.D., P.A.,  expressly warranted to Plaintiff that he could not go blind as a result of the procedure, upon which warranty the Plaintiff relied.

        WHEREFORE, Plaintiff, George Psoras, Jr., claims more than Twenty-Five Thousand Dollars ($25,000.00) in compensatory damages against Anthony J.  Kameen, M.D., P.A.

COUNT III
(Negligence vs.  The Baltimore Laser Sight Center, Ltd. d/b/a
The Greater Baltimore Vision Laser Center)
 

        23.  Plaintiff, George Psoras, Jr.  incorporates the allegations in paragraphs 1 through 20 of the Statement of Claim.

        24.  Defendant The Baltimore Laser Sight Center, Ltd. d/b/a The Greater Baltimore Vision Laser Center, departed from the standard of care by negligently:

  1. failing to properly care for and timely treat Plaintiff's condition;
  2. failing to refer Plaintiff to another practitioner competent to treat Plaintiff's condition;
  3. failing to inform Plaintiff of the risks associated with the LASIK procedure;
  4. failing to properly inform the Plaintiff of all medical and surgical options available and the risks associated with each option;
  5. failing to properly inform the Plaintiff of the risk of loss of vision if he underwent the procedure;
  6. failing to properly examine the Plaintiff; and negligently and/or falsely recording as a finding “retina within normal limits”;
  7. negligently informing Plaintiff he was a viable and proper candidate for surgery and negligently proceeding with the surgery despite the fact that Plaintiff was not an appropriate candidate for surgery of this type;
  8. was in other ways negligent.

        25.  The above negligence proximately caused Plaintiff, George Psoras, Jr.  to suffer and to continue to suffer serious, painful and permanent injuries to his eye including blurred vision, loss of vision, extreme physical and mental pain and suffering, unnecessary medical treatment, hospitalizations, past and future medical and hospital expenses and loss of enjoyment of life.  Additionally, Plaintiff has suffered a reduction in his earning capacity and will suffer a loss of his work life expectancy.

        26.  Plaintiff exercised due care and was in no way contributorily negligent.

        27.  Plaintiff was not informed of the risk of the LASIK procedure, and defendant The Baltimore Laser Sight Center, Ltd. d/b/a The Greater Baltimore Vision Laser Center expressly warranted to Plaintiff that he could not go blind as a result of the procedure, upon which warranty the Plaintiff relied.

        WHEREFORE, Plaintiff, George Psoras, Jr., claims more than Twenty-Five Thousand Dollars ($25,000.00) in compensatory damages against The Baltimore Laser Sight Center, Ltd. d/b/a The Greater Baltimore Vision Laser Center.

COUNT IV
(Negligence vs.  Greater Baltimore Medical Center, Inc.)

        28.  Plaintiff, George Psoras, Jr.  incorporates the allegations in paragraphs 1 through 25 of the Statement of Claim.

        29.  Defendant Greater Baltimore Medical Center, Inc. departed from the standard of care by negligently:

  1. failing to properly care for and timely treat Plaintiff's condition;
  2. failing to refer Plaintiff to another practitioner competent to treat Plaintiff's condition;
  3. failing to inform Plaintiff of the risks associated with the LASIK procedure;
  4. failing to properly inform the Plaintiff of all medical and surgical options available and the risks associated with each option;
  5. failing to properly inform the Plaintiff of the risk of loss of vision if he underwent the procedure;
  6. failing to properly examine the Plaintiff; and negligently and/or falsely recording as a finding “retina within normal limits”;
  7. negligently informing Plaintiff he was a viable and proper candidate for surgery and negligently proceeding with the surgery despite the fact that Plaintiff was not an appropriate candidate for surgery of this type;
  8. was in other ways negligent.

        30.  The above negligence proximately caused Plaintiff, George Psoras, Jr.  to suffer and to continue to suffer serious, painful and permanent injuries to his eye including blurred vision, loss of vision, extreme physical and mental pain and suffering, unnecessary medical treatment, hospitalizations, past and future medical and hospital expenses and loss of enjoyment of life. Additionally, Plaintiff has suffered a reduction in his earning capacity and will suffer a loss of his work life expectancy.

        31.  Plaintiff exercised due care and was in no way contributorily negligent.

        32.  Plaintiff was not informed of the risk of the LASIK procedure, and defendant Greater Baltimore Medical Center, Inc. expressly warranted to Plaintiff that he could not go blind as a result of the procedure, upon which warranty the Plaintiff relied.

        WHEREFORE, Plaintiff, George Psoras, Jr., claims more than Twenty-Five Thousand Dollars ($25,000.00) in compensatory damages against Greater Baltimore Medical Center, Inc..

COUNT V
(Negligence vs.  LCA Vision, Inc.)

        33.  Plaintiff, George Psoras, Jr.  incorporates the allegations in paragraphs 1 through 30 of the Statement of Claim.

        34.  Defendant LCA Vision, Inc. departed from the standard of care by negligently:

  1. failing to properly care for and timely treat Plaintiff's condition;
  2. failing to refer Plaintiff to another practitioner competent to treat
  3. Plaintiff's condition;
  4. failing to inform Plaintiff of the risks associated with the LASIK procedure;
  5. failing to properly inform the Plaintiff of all medical and surgical options available and the risks associated with each option;
  6. failing to properly inform the Plaintiff of the risk of loss of vision if he underwent the procedure;
  7. failing to properly examine the Plaintiff; and negligently and/or falsely recording as a finding “retina within normal limits”;
  8. negligently informing Plaintiff he was a viable and proper candidate for surgery and negligently proceeding with the surgery despite the fact that Plaintiff was not an appropriate candidate for surgery of this type;
  9. was in other ways negligent.

        35.  The above negligence proximately caused Plaintiff, George Psoras, Jr.  to suffer and to continue to suffer serious, painful and permanent injuries to his eye including blurred vision, loss of vision, extreme physical and mental pain and suffering, unnecessary medical treatment, hospitalizations, past and future medical and hospital expenses and loss of enjoyment of life.  Additionally, Plaintiff has suffered a reduction in his earning capacity and will suffer a loss of his work life expectancy.

        36.  Plaintiff exercised due care and was in no way contributorily negligent.

        37.  Plaintiff was not informed of the risk of the LASIK procedure, and defendant LCA Vision, Inc. expressly warranted to Plaintiff that he could not go blind as a result of the procedure, upon which warranty the Plaintiff relied.

        WHEREFORE, Plaintiff, George Psoras, Jr., claims more than Twenty-Five Thousand Dollars ($25,000.00) in compensatory damages against LCA Vision, Inc.

COUNT VI

(Breach of Warranty vs. Defendants Anthony Kameen, M.D.,  Anthony Kameen, M.D., P.A., The Baltimore Laser Sight Center, Ltd. d/b/a
The Greater Baltimore Vision Laser Center, Greater Baltimore  Medical Center, Inc., and LCA Vision, Inc.)

        43.  Plaintiff, George Psoras, Jr.  incorporates the allegations in paragraphs 1 through 40 of the Statement of Claim.

        44.  Defendant Anthony J.  Kameen, M.D., individually and as the agent, servant and/or employee of Anthony J. Kameen, M.D., P.A., The Baltimore Laser Sight Center, Ltd. d/b/a The Greater Baltimore Vision Laser Center, Greater Baltimore Medical Center, Inc., LCA Vision, Inc. and GBMC Laser Vision Correction, expressly promised and warranted to the Plaintiff that he could not go blind as a result of undergoing the LASIK procedure.  Plaintiff reasonably relied upon the warranty and promise of the defendant, and would not have undergone the LASIK procedure otherwise.  The defendant's negligence and false warranty and misrepresentation induced the Plaintiff to undergo the procedure which resulted in permanent and serious personal injuries as set forth above. 

        WHEREFORE, Plaintiff George Psoras, Jr. claims more than Twenty-Five Thousand Dollars in compensatory damages against the defendants, Defendants Anthony Kameen, M.D., Anthony Kameen, M.D., P.A., The Baltimore Laser Sight Center, Ltd. d/b/a The Greater Baltimore Vision Laser Center, Greater Baltimore Medical Center, Inc., and LCA Vision, Inc.

COUNT VIII
(Loss of Consortium vs. Defendants Anthony Kameen, M.D.,  Anthony Kameen, M.D., P.A., The Baltimore Laser Sight Center, Ltd. d/b/a
The Greater Baltimore Vision Laser Center, Greater Baltimore Medical Center, Inc. and LCA Vision, Inc.)

        45.  Plaintiffs, George Psoras, Jr. and Michel Psoras, hereby incorporate the allegations of paragraphs 1 through 41 of the Statement of Claim.

        46.  Plaintiffs suffered interference to their marital relationship resulting in the loss of services, society, assistance, conjugal fellowship, marital compatibility and marital companionship Plaintiff George Psoras, Jr.  would have provided had he not been injured as a direct and proximate result of the negligent conduct of the Defendants as stated with more particularity in the Courts above.

        WHEREFORE, Plaintiffs George Psoras, Jr.  and Michel Psoras claim more than Twenty-Five Thousand Dollars in compensatory damages against the defendants, Defendants Anthony Kameen, M.D., Anthony Kameen, M.D., P.A., The Baltimore Laser Sight Center, Ltd. d/b/a The Greater Baltimore Vision Laser Center,  Greater Baltimore Medical Center, Inc., and LCA Vision, Inc.

WHITE, MILLER, KENNY & VETTORI, L.L.P.

By: __________________________________
      Jay D.  Miller
      The Lafayette Building, Suite 300
      40 W.  Chesapeake Avenue
      Towson, Maryland 21204
      (410) 825-1050

      Attorneys for Plaintiffs

Posted by Admin at October 1, 2005 12:47 PM