Actually, I have a case, in Florida, where something similar occurred. While I'm not a physician, in our case, surgery was still necessary to preserve as much sight as possible. The malpractice case is against the physician who did not recognize the emergent nature of the patient's condition when the patient first advised of the symptoms. When did your husband inform the physician that there was a problem? If it was as it was happening and the physician waited, there may be a case.