Medical Legal Consulting

Ophthalmology malpractice cases can involve any position in which an eye doctor's conduct causes an injury to the eye or harm to the patient's vision. For example: Failing to obtain informed consent before a risky surgical procedure.

The Common Injuries

In medical malpractice cases, injuries are wide ranging because they are dependent on the exact cause of damage. Here are some of the most common that may be experienced:

  • Infections: These are often the result of contamination and sterilization issues in a hospital. Perhaps surgical equipment is not sterile. If used during the procedure, it can cause infection at the site of incision or throughout the body.
  • Incisions in wrong patient: Patients may be operated on despite not needing the surgery. This means they are most likely opened up and some part of the body is worked on. This would cause unnecessary pain and recovery time to the wrong patient.
  • Overdose or allergic reactions: Hospitals are supposed to be sure they are prescribing patients with the right medications and the correct dosage. Failure to do so can lead to an overdose or a bad reaction to the specific medication.
  • Death: The most serious cases of medical malpractice can lead to fatal injuries. Some situations in which this may occur is inattention during serious surgical procedures, improper medication, or device malfunction.
  • Blindness: Adults, children, and even infants are all at risk of sustaining serious injuries when they are victims to medical malpractice and it’s important to fully understand what rights and options are available to you if you’ve been hurt.

SAN FRANCISCO – A retrospective analysis presented at the 2019 American Academy of Ophthalmology Meeting in San Francisco; CA describes cases of medical malpractice claims involving ophthalmologists.

To investigate outcomes associated with ophthalmology-related lawsuits, the study authors searched the West Law Next database. They identified 166 cases across 15 states, of which 116 met the inclusion criteria.
Results showed that among these cases, 79% (n=91) were related to ophthalmic procedures, particularly cataract (43%) and LASIK surgery (32%). Payout occurred most frequently with cataract surgery, but overall the payout was lower than with other procedures. Lasik surgery was determined to have the highest payout resulting from a malpractice claim. Among cases that did not involve a procedure, the most common malpractice claim (42%) was for “failure to diagnose in a timely manner.” Medication errors resulted in payout 60% of the time; payout in eye exam-related cases occurred 50% of the time.