James Cook and Linda Cook v. Douglas R. Lazzaro, M.D., Lazzaro Eye Center, L.L.P., and Downstate University Refractive Surgery, P.C. Kings County, Supreme Court of the State of New York, Index # 29505/05

Patient seeks default judgment against Douglas Lazzaro, M.D. in medical malpractice action for loss of critical evidence. Supreme Court of the State of New York, Index # 29505/05.

(PRWEB) June 4, 2007 -- After being told by one ophthalmologist that his corneas were too thin for LASIK eye surgery, Brooklyn plumber James Cook was told that he was a suitable candidate for LASIK eye surgery by Douglas Lazzaro, M.D. Dr. Lazzaro, Director of the Laser Vision Correction Center at SUNY Downstate Medical Center, went ahead and performed LASIK surgery on both of Mr. Cook's eyes in April 2003. Subsequently, Mr. Cook developed post-LASIK ectasia which has caused serious problems for Mr. Cook's vision and renders him a candidate for corneal transplants.

In pre-trial testimony, Dr. Lazzaro claimed that he had performed color topographies on Mr. Cook, which confirmed that Mr. Cook supposedly was a good candidate for LASIK surgery. However, Dr. Lazzaro failed to produce hard or electronic copies of the topographies. Consequently, Mr. Cook made a motion to dismiss Dr. Lazzaro's answer and defenses to his complaint, based on the intentional or inadvertent loss or destruction of these critical medical records.

The decision of the Supreme Court of the State of New York, Kings Country, Index # 29505/05, is pending.

Previously, Mr. Cook obtained a default judgment against Downstate University Refractive Surgery, P.C.

A copy of Plaintiffs' motion papers are available at www.krounerlaw.com. For further information, please contact Todd J. Krouner at tkrouner @ krounerlaw.com

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