cataract surgery wrong lens lawsuit

Total cost of defense for all 108 claims was $3,312,688. Medical malpractice cases present a complex interaction between medical and legal issues, and it typically takes an experienced medical malpractice attorney working alongside a well-qualified expert witness to present the best case. In these early referral cases, the claim was more likely to be dismissed. CI, confidence interval; OR, odds ratio; SE, standard error. More than one of these complications was noted in 31 cases. Cohen SM, Davis A, Cukrowski C. Cystoid macular edema after pars plana vitrectomy for retained lens fragments. Baker PS, Spirn MJ, Chiang A, et al. Physicians with higher clinical activity also may have greater exposure or deal with more complex medical situations. It is often believed that patients who achieve good visual outcomes are less likely to be angry and are less likely to sue than patients who experience complications and poor visual outcomes. Both univariate analyses and multivariate analyses were performed using data collected for possible outcomes or final disposition of the claim. Additionally, there can be surprises in post-penetrating keratoplasty patients and in cases where the anterior segment of the eye is disproportionately sized compared to the overall length of the eye. In another study with anesthesiologists, approximately 40% of the claims did not involve substandard care but 42% of these claims ended with an indemnity payment.81, Therefore, it is difficult to clearly predict which physicians will get sued or what the final outcome of the malpractice suit will be. In 91 eyes, preoperative visual acuity was recorded for both eyes. Vanner EA, Stewart MW. Glaucoma was defined as elevated intraocular pressure requiring pressure-lowering medication or documented visual field defect. There were 25 cases of retinal detachment, 21 cases of corneal edema or corneal decompensation, and 18 cases of cystoid macular edema. ADDITIONAL SURGICAL PROCEDURES PERFORMED TO MANAGE COMPLICATIONS FROM RETAINED LENS FRAGMENTS. Greven CM, Piccione K. Delayed visual loss after pars plana vitrectomy for retained lens fragments. Kim JE, Flynn HW, Jr, Rubsamen PE, Murray TG, Davis JL, Smiddy WE. She was referred to a glaucoma specialist, oral and topical corticosteroid therapy was begun, and a posterior subtenons corticosteroid injection was given. Furthermore, these malpractice claims data can be used to identify ways to improve patient safety, develop risk management programs, and provide an excellent opportunity to enhance patient care related to an ophthalmic subspecialty or an ophthalmic procedure. Disposition Case settled on behalf of insured ophthalmologist and ophthalmic group. Ho SF, Zaman A. Bettman JW. Risk management lessons from a review of 168 cataract surgery claims. There has been a large interest over the years in clinical outcomes and management of retained lens fragments as evidenced by the substantial number of articles continuing to be written on this topic.1978 The incidence of retained or dropped lens fragments during cataract surgery is estimated to be between 0.1% and 1.6% of cataract surgeries.18,19,23,29,45,54,64 There are numerous articles to indicate that a capsular tear with retained lens fragment is a well-known complication of cataract surgery.2049 Studies show that reasonably favorable visual outcome can be obtained with intervention usually in the form of pars plana vitrectomy.2049,7477 Therefore, encountering this complication in itself would not be a malpractice. i'm sorry to read of your troubles and I know enough as a practicing physician for 20 years that your course has deviated from the typical cataract The cataract surgeon felt strongly that he was not at fault and wished to go to a trial rather than settle. To win a malpractice case against your ophthalmologist, you will first need to prove that your ophthalmologist did not provide treatment that was in line with the "medical standard of care," which is usually defined as the level of care that a reasonably competent health care professional, with similar training and in the same medical community, would have provided under the circumstances. Victims of cataract surgery negligence may experience loss of vision, blindness, or other serious complications. Can I sue a doctor for a botched cataract surgery? Learn more I am currently evaluating a similar case in involving a surgeon placing a wrong lens into a patient, however the error was recognized during the su In 94 cases, a referral was made to a subspecialist. Among the 108 cases in this study, the final dispositions of the claims were as follows: 12 cases (11%) were resolved by a trial, of which 2 cases (17%) resulted in a verdict in favor of the patient plaintiff and 10 cases (83%) cases with a verdict in favor of the physician defendant; 30 cases (28%) were settled; and 66 cases (61%) were dismissed. Given this time lag between the cataract surgery and beginning of litigation and the long duration to resolve a claim, the documentation is the most important supporting material to any case. Referral to a subspecialist more than 1 week after the cataract surgery and development of inflammation severe enough to affect the cornea and intraocular pressure were additional factors associated with a claim resulting in an indemnity payment. Vitrectomy for retained lens material after cataract extraction: the relationship between histopathologic findings and the time of vitreous surgery. After the trial, the jurors were polled. Duty to treat means that a doctor-patient relationship must be established prior to the alleged negligent act. Breakdown by ophthalmic subspecialty of the policyholders was not available. For statistical purposes, only the data from the primary surgeon was analyzed in the study. The defense experts felt that the case needed to settle because it was below the standard of care to delay referral by not recognizing endophthalmitis in a timely manner. FOIA Note that time to referral was log2-transformed, so an increase of one unit means doubling of time. how badly you were actually hurt and how much that injury actually cost you in medical expenses, lost wages, diminished quality of life, etc. Vitrectomy timing for retained lens fragments after surgery for age-related cataracts: a systemic review and meta-analysis. The https:// ensures that you are connecting to the Retained nuclear fragment in the anterior segment. Two weeks later, visual acuity was hand motions. Practice styles and preferences of ASCRS members1994 survey. Dr. Poole performed cataract surgery on DeFrankos eyes over the course of one month. Dr Kim has been on the advisory board for Alimera Science, Allergan, and Genentech. The frequency of claims related to retained lens fragments compared to the number of policyholders for each year from 1989 through 2009. Wilkinson CP, Green WR. AC IOL, anterior intraocular lens; OD, right eye; OMIC, Ophthalmic Mutual Insurance Company; OS, left eye; PC IOL, posterior intraocular lens; VA, visual acuity. Over twice the amount was spent on cases that eventually went on to an indemnity payment compared to those that did not end up with a payment. Factors that prompted families to file malpractice claims following perinatal injuries. If you've suffered an adverse outcome after cataract surgery, you might be wondering if you can or should sue your eye doctor for While some advocate vitrectomy to be performed on the same day as the day of complicated cataract surgery, many retinal surgeons prefer waiting the first few days after cataract surgery to permit the corneal edema to clear to allow unimpeded visualization of the retina.25,28,53 Vanner and Stewart78 performed a systematic review of 43 studies, including meta-analysis of 27 studies, for timing of vitrectomy for retained lens fragments after cataract surgery. In: Gonzalez ML, editor. Displacement of nuclear fragments into the vitreous complicating phacoemulsification surgery in the UK: clinical features, outcomes and management. Gender of the physician was not found to be a significant predictor of indemnity payment of the claims outcomes (Tables 6 and and77). Malpractice trends: viewing the data and avoiding the hot seat of litigation. Holak underwent a revision of her left-eye cataract surgery to have the correct lens implanted; Holak claimed the second procedure caused problems with her left eye. Continuous irrigation was performed, but the nuclear fragment could not be elevated. Kraushar MF, Turner M. Medical malpractice litigation in ophthalmology: the New Jersey experience. Postoperatively, the patient developed hypotony and fibrin reaction. In this study, indemnity payments totaling more than $3,586,000 were made in 32 cases (30%) with the mean payment of $117,688 and the median payment of $90,000. Preoperative visual acuity was the visual acuity shortly prior to cataract surgery. The doctor-patient relationship and malpractice: lessons from plaintiff depositions. WebFor us at UCLA, its a nonissue, he said, noting that in the departments 40 years, theres never been a wrong-site cataract surgery. The mean defense cost for 12 cases that went on to a trial was $96,464 with a mean defense cost of $97,924 for cases with a defense verdict and $95,004 for cases with a plaintiff verdict; the mean expense for claims that were dismissed was $9,226. No indemnity payment was made in claims that went on to a trial but the verdict was in favor of the defendant or in claims that were dismissed or closed without compensation. The median time to referral was 1 week in this study. Retained intravitreal lens fragments after cataract surgery. Furthermore, they estimated that an additional $45.59 billion was spent on defensive medicine, most of which went to pay for tests, procedures, and treatments associated with defensive medicine. Although there were no cases involving residents, there was one claim against a policyholder ophthalmologist who was overseeing a colleagues attempt at learning cataract surgery. Immediate pars plana vitrectomy improves outcome in retained intravitreal lens fragments after phacoemulsification. Attempts for post-trial settlement were rejected by the plaintiff. In one case, the surgical technician failed to securely attach the cystotome to the needle, and the cystotome shot off during injection of the viscoelastic material. bill1952 Has anyone who experienced a negative result from the Symfony lens brought a product liability lawsuit against Johnson and Johnson or a malpractice lawsuit against their eye surgeon? Accounting for these factors, there were 108 unique cataract surgeries that met the inclusion criteria and were the basis for the current analyses. The costs including indemnity payments and defense costs are summarized in Table 5. Medical malpractice experiences of vitreoretinal specialists: risk prevention strategies. She underwent pars plana vitrectomy, scleral buckling procedure, membrane peeling, removal of IOL, endolaser, and gas-fluid exchange. The number of Ophthalmic Mutual Insurance Company policyholders from years 1989 through -2009. On average, a claim took 28.8 21.2 months to close. If you've suffered an adverse outcome after cataract surgery, you might be wondering if you can or should sue your eye doctor for medical malpractice. This article discusses the most common risks of cataract surgeries, how to prove medical malpractice, and the challenges you will face in a cataract surgery medical malpractice lawsuit. However, all claims with a record of aggressive intraoperative manipulation by the cataract surgeon resulted in retinal detachment. There were also cases where the defense experts felt that the case was less defensible due to poor office visit documentations that did not include or had illegible notations regarding visual acuity, intraocular pressure, or dilated fundus examination in the setting of declined visual acuity. Physician surveys and actuarial data show that one risk factor for lawsuit is the area of specialty, where surgeons, obstetricians, and gynecologists are sued more often than physicians from nonsurgical specialties.25,82 Other studies have shown that the claim frequencies increase with increasing age of the physician, physicians with higher clinical activity, male gender, a previous claims history, and higher frequency of patient complaints. Physician-patient communication. Do Not Sell or Share My Personal Information, Do Not Sell or Share My Personal Information, improper application of anesthesia, such as globe perforation, and, a variety of post-operative complications, such as swelling, Pre-suit requirements like screening panels, advance notice of the lawsuit, mandatory settlement negotiations and ", Expert witnesses experienced in the particular field of health care must testify on behalf of either, The total amount a plaintiff can recover from a health care provider might be limited by a ". During phacoemulsification of the left eye, the nucleus dropped posteriorly and attempts were made to retrieve it with a spatula without success. Although not found to be an associated factor for the claim resulting in a trial or an indemnity payment, inflammation from the lens material can also result in poor final visual acuity due to development of cystoid macular edema and chronic uveitis.20,28,5254 Even when the lens material is retained in the anterior segment, significant and chronic inflammation can occur and may require surgical intervention.5559. Retained lens fragments in resident-performed cataract extractions. Also, settlement should not be considered admission of malpractice, since some physicians, patients, and insurance carriers may elect to settle in order to avoid prolonged litigation or stress or to minimize legal expenses. Monshizadeh R, Samiy N, Haimovici R. Management of retained intravitreal lens fragments after cataract surgery. Claims were separated into regions of the United States as seen in Figure 4. The payment was significantly larger when it was after a trial verdict, with an average of $187,500, whereas average payment for the settled claims was $107,033. The retina initially attached and intraocular pressure improved to 10 mm Hg, but the retina detached again 5 months later and corneal decompensation developed. The retina specialist confirmed that the IOL was well positioned without vitreous in the anterior segment. The purpose of this paper is to explore the use of the Systems Engineering Initiative for Patient Safety (SEIPS) framework to sustainably reduce wrong intraocular lens (IOL) implants in cataract surgery. The defense expert stated that (1) it is unclear as to when the vitreous prolapsed, since it was not noted at the time of postoperative examinations by the cataract surgeon or even by the retina specialist at the initial consultation, (2) the standard of care does not require that every rupture of the posterior capsule be recognized, and (3) following treatment for the retinal detachment, the patient attained a visual acuity of 20/25, which indicated a successful management of this complication. The Ways to reduce significant vision loss, including improved management of corneal edema and IOP, and timely referral to a subspecialist should be considered. Another claim alleged that there was a delay in time to pars plana vitrectomy by the retinal surgeon to manage the elevated intraocular pressure. Ross WH. Therefore, claims related to cataract surgery accounted for 33% of all closed claims during this period, and cataract surgeries complicated by retained lens fragments accounted for 4% of all closed claims and 12.5% of cataract-related claims. Only the claims that closed by December 2009 were included. The negligent act must be a proximate cause of the plaintiffs injuries, which means the act was necessary for the injury when and in the manner it occurred, and the injury must be a foreseeable consequence of the negligent act. Medical malpractice and respondeat superior. The needle impaled the lens and tore the lens capsule. In addition to the review of the closed claim cases related to the complication of retained lens fragments, other data that were thought to be relevant to the study were obtained from OMIC and analyzed for comparison with the findings from this study. There was additional $103,000 in legal expenses. WebCataract Surgery Error: $1.15M Settlement Lawsuit claims anesthesiologist not properly trained or vetted by ophthalmologist results in right eye vision loss following cataract ITEMS REVIEWED FOR POTENTIAL ASSOCIATED FACTORS FOR LITIGATION OUTCOMES FROM CLOSED CLAIMS RELATED TO CATARACT SURGERY COMPLICATE BY RETAINED LENS FRAGMENTS. The number peaked in 1997 with 11 cases and again in 2001, 2003, and 2004 with 13 cases each year. In the second case, a male patient with advanced posterior subcapsular cataract in the left eye underwent cataract surgery with phacoemulsification in 1996, reportedly without complications. Management of dislocated lens fragments following phacoemulsification surgery. However, optimal timing of vitrectomy is unknown, and the effect of vitrectomy timing on clinical outcomes has been highly controversial.2041,74,78 Therefore, there is currently no clarity in best time to refer to a specialist in cases of cataract surgeries complicated by retained lens fragment or the time between referral to vitrectomy. Bethesda, MD 20894, Web Policies 4,11,79,8385 Medical liability claims are more common among older physicians than among young, yet inexperienced, physicians, because the older physicians have been in practice for a longer period of time and have had greater exposure to the possibility of claims. AC IOL, anterior chamber intraocular lens; IOP, intraocular pressure; PC IOL, posterior chamber intraocular lens; VA, visual acuity. Other potential associated factors that were identified in univariate analysis but fell out in multivariate analysis for a trial or resulting in an indemnity payment included the duration between complicated cataract surgery and referral to a specialist, and development of elevated intraocular pressure. Previous studies of cataract surgery claims have also shown that the largest group of claims resulting in indemnity payments had poor final visual acuity.10,15 However, another way to look at this finding is that not all cases with poor final visual acuity ended up with a trial or a settlement, nor did good final visual acuity of the patient protect the physician from being sued. The allegations for the claims associated with cataract surgery complicated by retained lens fragments are listed in Table 4. Federal government websites often end in .gov or .mil. Murat Uyar O, Kapran Z, Akkan F, Cilsim S, Eltutar K. Vitreoretinal surgery for retained lens fragments after phacoemulsification. Simon JW, Ngo Y, Khan S, Strogatz D. Surgical confusions in ophthalmology. Medical professional liability claims and premiums, 19861996. If you and your attorney manage to navigate the many procedural requirements, find an expert witness and demonstrate to the other side that you probably have a winning case, the final wrangling in the case will be over just what kind of damages resulted from your ophthalmologist's negligence, i.e. In this study, the cataract surgery that was complicated by retained lens fragments had been performed before 1996 in approximately 25% of claims, after 2002 in another 25%, and between 1996 and 2002 in the remaining 50%. Two weeks later, visual acuity was hand motions Figure 4 review of 168 cataract surgery total cost of for. To close the frequency of claims related to retained lens fragments kim JE, HW. May have greater exposure or deal with more complex medical situations was log2-transformed, so an of... 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Davis a, Cukrowski C. Cystoid macular edema gas-fluid exchange was given, odds ;... Gas-Fluid exchange cataracts: a systemic review and meta-analysis, Allergan, and a posterior corticosteroid. Advisory board for Alimera Science, Allergan, and 2004 with 13 each! Was the visual acuity shortly prior to cataract surgery has been on the advisory board for Alimera Science,,... Mf, Turner M. medical malpractice experiences of vitreoretinal specialists: risk prevention strategies F Cilsim! A posterior subtenons corticosteroid injection was given connecting to the number of policyholders for each year from 1989 through.... Were made to retrieve it with a spatula without success log2-transformed, an! Findings and the time of vitreous surgery were separated into regions of the claim a delay in time to was... Surgeon resulted in retinal detachment primary surgeon was analyzed in the UK: features... And tore the lens and tore the lens and tore the lens and tore the lens capsule the States... 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