My vision actually was worse after the lens placement. That case also went to a trial, and it was decided in favor of the defendant. The defense experts stated that these cases were more difficult to defend. The last variable was not included in the predictive model because it is not a preclaim covariate, but rather a type of outcome. Characteristics of physicians with obstetric malpractice claims experience. My father had cataract surgery two years ago. Among these 10 cases, general anesthesia was not cleared, and the surgery was performed under monitored sedation in 1 case, the patient woke up suddenly during surgery in 2 cases, and the patient reportedly moved suddenly during the cataract surgery in 4 cases. In most states, some form of special procedural rules exist for medical malpractice cases, and these rules are specifically designed to make suing a health care provider more difficult, when compared with "ordinary" civil cases for personal injury. Delay in diagnosis or delay in referral was alleged in 12 (11%) of 108 claims. Therefore, it appears that same-day vitrectomy is not necessary, and it may be better to allow the eye to recover from the complicated cataract surgery prior to vitrectomy. The patients visual acuity prior to cataract surgery was 20/200 and at the last follow-up, 5 months following vitrectomy, was 20/80. Mean preoperative visual acuity of the fellow eye was 20/50 and median was 20/30 (range, 20/20 to hand motions). The incidence of closed claims for retained lens fragments peaked in 1997, but the actual number of closed claims was the highest for years 2001, 2003, and 2004. The most common complications were elevated intraocular pressure requiring initiation of pressure-lowering medications and development of visual field damage due to elevated intraocular pressure. Incidence of lens matter dislocation during phacoemulsification. A retrospective review was performed of all closed claims during the 21 years from 1989 through 2009 of those insured by OMIC to identify cases associated with cataract surgeries complicated by retained lens fragments (see Inclusion and Exclusion Criteria section that follows). Clinical predictors and outcomes of pars plana vitrectomy for retained lens material after cataract extraction. Aasuri MK, Kompella VB, Majji AB. In all cases, final visual acuity was 20/200 or worse, including 2 cases of no light perception. 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. There was a posterior dislocation of nucleus in all except 4 cases, in which the retained lens material was in the anterior segment. According to the Physician Insurers Association of America (PIAA), a large multispecialty liability insurance carrier, the following occurred in 2008: 65% of claims were dropped, dismissed, or withdrawn; 25.7% were settled; 4.5% were decided by alternative dispute mechanism; and 5% were resolved by trial, with the defendant prevailing in 90% of those tried cases.79, It is important to point out that the claim frequency should not be used as an estimate of the error rate or malpractice rate in medicine. They found that the claims frequency for ophthalmology was slightly lower than the average for all specialties and was in between nephrology and diagnostic radiology. They ranged from a low of $7,500 to a high of $500,000. Another analysis was performed with the litigation outcomes grouped as (1) indemnity payment and (2) no indemnity payment. In addition to the original cataract surgery, patients underwent a mean of 1.3 additional surgeries (range, 04) where one or more combined procedures were performed. Clinical features and outcomes of pars plana vitrectomy in patients with retained lens fragments after phacoemulsification. The current study is not inclusive of all claims related to retained lens fragments in the United States that occurred during the study period. In another study, the number of claims resulting in indemnity payment for ophthalmology was similar to the number for dermatology, internal medicine, and gastroenterology, and the mean and median payments for ophthalmology claims were slightly less than the mean indemnity payment of $274,887 and the median of $111,749 across 25 specialties.5 Therefore, the claims related to retained lens fragments appear to have lower indemnity payment on average when compared to malpractice claims across all specialties. Stilma JS, van der Sluijs FA, van Meurs JC, Mertens DA. Whereas indemnity payment is usually associated with all settled claims, claims that go on to a trial may or may not result in an indemnity payment, depending on the verdict. After performing an anterior vitrectomy, the cataract surgeon may consider putting in an IOL at the time of complicated cataract surgery but should have the correct type and power of IOL available in order to avoid poor visual outcome and subsequent allegations. Margherio RR, Margherio AR, Pendergast SD, et al. Day S, Menke AM, Abbott RL. 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. A new trial and correction of the amount of verdict and judgment were all denied by the trial judge. Among 117 closed claims that were related to cataract surgery complicated by retained lens fragments, 9 cases had multiple claims, including 8 cases where both the physician and the OMIC-insured entity were named in the suit and one case where two OMIC-insured physicians were named. Medical professional liability claims and premiums. CI, confidence interval; OR, odds ratio; SE, standard error. All variables significant in the univariate analyses were included in a multivariate logistic regression model. Associated factors were analyzed for (1) going on to a trial or settlement rather than being dismissed, and for (2) indemnity payment vs no payment. Olsson RB, Ritland JS, Bjrnsson OM, Syrdalen P, Eide N, Overgrd R. A retrospective study of patients with retained nuclear fragments after cataract extraction. Vitrectomy for retained lens fragments after phacoemulsification. Start here to find personal injury lawyers near you. Displacement of nuclear fragments into the vitreous complicating phacoemulsification surgery in the UK: clinical features, outcomes and management. Chen CL, Wang TY, Cheng JH, Tai MC, Lu DW, Chen JT. From 1989 through December 2009, OMIC had a total of 2,854 closed claims. Had Cataract surgery, Dr's nurse handed him the wrong lens but he didn't check it. Kageyama T, Ayaki M, Ogasawara M, Asahiro C, Yaguchi S. Results of vitrectomy performed at the time of phacoemulsification complicated by intravitreal lens fragments. Ophthalmic malpractice lawsuits with large monetary awards. Furthermore, the insured failed to recognize and treat appropriately a normal occurring complication of cataract surgery, i.e., rupture of the posterior capsule with vitreous prolapse and resulting vitreous in the wound which has contributed to development of retinal detachment and subsequent blurring of the vision despite retinal reattachment surgery. Accessibility The difference between the preoperative visual acuity and the final visual acuity was predictive of an indemnity payment (odds ratio [OR], 2.28; P=.001) and going to a trial (OR, 2.93; P=.000). Yang CS, Lee FL, Hsu WM, Liu JH. Even when an IOL has been inserted by the cataract surgeon, the retinal surgeon should be prepared to manage subsequent complications of dislocated or malpositioned IOL, as was the case in some of the claims in this study. Rofagha S, Bhisitkul RB. Cataracts cause foggy or blurred vision that makes it hard to do everything from reading to In addition to corneal edema, inflammation from the lens material can result in elevated intraocular pressure that is significant enough to require pressure-lowering medication or development of glaucoma and potential visual field loss that require additional surgical intervention. WebAllegation Wrong power IOL insertion led to complicated lens exchange surgery. The documentation includes informed consent, office examination notes, operative notes, any conversation with the patient before or after the cataract surgery, as well as any discussions with a specialist. In some cases, the cause of capsular tear and resulting complication of retained lens fragment was due to circumstances other than the surgeons surgical technique. An official website of the United States government. 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. WebBetween 1987 and 2008, about 220 cases of cataract surgery mistakes were filed with OMIC, and about 80 percent of those involved wrong power, wrong measurement or wrong IOL implantation. Only the claims that closed by December 2009 were included. Claims were separated into regions of the United States as seen in Figure 4. An anterior vitrectomy was performed. In one study that did attempt comparison of observation vs vitrectomy, randomization was not possible because of bias toward vitrectomy for larger lens fragments and more severe inflammation.40. The patient was informed of the complication. Gilliland GD, Hutton WL, Fuller DG. Accounting for these factors, there were 108 unique cataract surgeries that met the inclusion criteria and were the basis for the current analyses. They disclosed that they felt it was appropriate to have attempted to remove the lens, but, once he got to the back of the eye and saw what he was dealing with, he should have quit and called the retina surgeon rather than attempting retrieval further. They believed that he was not experienced enough to proceed as he had. The new PMC design is here! WebThe plaintiff, a 56-year-old man, suffered permanent right eye vision loss following cataract surgery. Management of dislocated lens fragments following phacoemulsification surgery. In the current study, closed claims from cataract surgeries complicated by retained lens fragments were evaluated to identify factors that are associated with indemnity payment or resulting in a trial. Funding/Support: Supported in part by an unrestricted grant from Research to Prevent Blindness, Inc, New York, New York (J.K.) and by grant 1UL1RR031973 from the Clinical and Translational Science Award program of the National Center for Research Resources, National Institutes of Health (A.S.). However, the majority of the claims were dismissed and did not result in an indemnity payment. For patients who have relatively good preoperative visual acuity, additional care should be taken during preoperative discussion and informed consent process and proper documentation should be performed as to the necessity of the surgery. Kim IK, Miller JW. Comparison between claims with indemnity payment and no payment by final visual acuity among cataract surgeries complicated by retained lens fragments. 5.3k views Reviewed >2 years ago. Estimated fees to plaintiffs attorneys were $2 billion, which was included in indemnity payments. The remaining 9 cases (10%) were left aphakic by the cataract surgeon. government site. The difference between the preoperative visual acuity and the final visual acuity was predictive of an indemnity payment (odds ratio [OR], 2.28; P=.001) and going to a trial (OR, 2.93; P<.001). 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. Claims from Florida were evenly split between those closing with an indemnity payment and those with no payment, whereas the overwhelming majority of claims from Louisiana ended with a dismissal and no payment. Baker PS, Spirn MJ, Chiang A, et al. There was a trend toward significance for increasing time to referral, but this was not statistically significant (P=.053). Physicians with higher clinical activity also may have greater exposure or deal with more complex medical situations. Retinopathy of prematurity malpractice claims: the Ophthalmic Mutual Insurance Company experience. Over 3 million cataract surgeries are performed annually in the United States.18 Given the frequency of this procedure, perhaps it is not surprising that cataract surgery is the single most frequently named procedure in malpractice actions against ophthalmologists.1315 An uncommon but potentially devastating complication of cataract surgery that can affect both the anterior segment and the posterior segment surgeons is posterior dislocation or retention of lens fragments during cataract surgery. When the verdict was in favor of the plaintiff, the indemnity payment was higher than the settled cases and the legal expense related to the claim was higher than the mean of all closed claims for retained lens fragments. In these early referral cases, the claim was more likely to be dismissed. The optimal transformation for all the time-to-event variables (time to referral, duration between opening and closing of a claim, and duration between date of complicated surgery and report to OMIC) was found to be log(x+1). Merani R, Hunyor AP, Playfair TJ, et al. Male physicians may have a higher likelihood of being sued because male physicians are historically concentrated in the specialties with the highest levels of claim incidence, such as surgery, and female physicians in those with the lowest incidences, such as pediatrics. There were differences between claims associated with retained lens fragments that went on to a trial vs settled vs dismissed and whether indemnity payment occurred or not. WebHe noted that an error can occur in two ways: 1) The surgeon simply makes an incorrect calculation by selecting a stronger power for the anterior chamber lens rather than a Hui JI, Fishler J, Karp CL, Shuler MF, Gedde SJ. Oruc S, Kaplan HJ. The possible outcomes are assumed to be ordered: Trial with a verdict > Settled > Dismissed and the accompanying P value indicates whether a change in the predictor is associated with a more severe outcome. FINAL DISPOSITION OF CLOSED CLAIMS RESULTING FROM CATARACT SURGERY COMPLICATED BY RETAINED LENS FRAGMENTS. Claims data of all the identified claims based on coding were reviewed and further narrowed to include only those claims where there was a mention of a retained, dropped, or dislocated crystalline lens fragment with or without other comorbidities. The difference between the mean and median payment reflects the right-skewed payment distribution. Sponsored by the American Academy of Ophthalmology, OMIC is the largest professional liability insurer for ophthalmologists in the United States, currently insuring over 4,300 ophthalmologists throughout the 49 states (all states except Wisconsin). Even when a trial ended in favor of a defendant and no payment was made to the plaintiff, the legal expenses were nearly twice that of claims that settled. Light sensitivity after cataract surgery After cataract removal, a little bit of light sensitivity is expected due to dryness in the eye. The overwhelming majority of the referrals were to a retina specialist, but referrals also included cornea and glaucoma specialists. The number of policyholders doubled between years 2000 and 2009. Currently OMIC is the largest insurer of ophthalmologists, with 40% of the market share, and has twice as many ophthalmologists as policyholders as the next largest insurer of ophthalmologists.17 Claims data from OMIC has been utilized in other previous studies related to ophthalmology.911 The OMIC Risk Management Committee gave approval for this study and granted access to the data under agreements protecting the identities of the patients, surgeons, and institutions. Obstetricians prior malpractice experience and patients satisfaction with care. Although these findings may cause fear and increased practice of defensive medicine by physicians, better understanding of the incidence, associated factors, and outcomes of medical malpractice claims may result in increased knowledge to the physicians and more effective and improved care to the patients. 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? Two weeks later, visual acuity was hand motions. Although the final visual acuity was important, the most important factor associated with going to a trial or resulting in an indemnity payment was found to be the amount of visual acuity loss following cataract surgery complicated by retained lens fragments, such that the greater the difference between the baseline visual acuity and the final visual acuity, the greater the likelihood of a claim resulting in a trial or indemnity payment. What is the recovery after cataract or lens replacement surgery? Vanner EA, Stewart MW. All variables significant at a 10% level in the univariate analyses were included in a multivariate proportional odds regression model. He was referred to a retina specialist, who saw him the next day. Another claim alleged that there was a delay in time to pars plana vitrectomy by the retinal surgeon to manage the elevated intraocular pressure. Small lens fragments can reabsorb over time and can be monitored by the cataract surgeon or managed medically as long as further complications do not occur.23,32,35,64 Interestingly, systematic review by Vanner and Stewart78 found that only 2% of cases in the literature were medically managed, whereas 9% of claims in the current study had been observed. Other studies also found that good visual outcomes do not prevent legal actions.10,92. The retina successfully reattached with a final visual acuity of 20/25. Seven hundred medicolegal cases in ophthalmology. Cheney FW, Posner K, Caplan RA, Ward RJ. Management of retained intravitreal lens fragments after phacoemulsification surgery. Although cataract procedures have become fairly routine and rarely have serious complications, there are some risks still associated with the surgery. The majority of eyes developed one or more ocular complications following surgery, many of which contributed to poor visual outcome. Smiddy WE, Flynn HW, Jr, Kim JE. 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. Mean final visual acuity was 20/200 (range, 20/20 to no light perception). Some cases that opened in more recent years are still open and are not a part of this study, since both the legal outcome and expenses were required for the analyses. 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 Retained lens fragment in the anterior segment as a cause of recurrent anterior uveitis. Learn how we can help. Mello MM, Chandra A, Gawande AA, Studdert DM. ESTIMATES FROM THE MULTIVARIATE LOGISTIC REGRESSION MODEL FOR INDEMNITY PAYMENT AMONG CATARACT SURGERIES COMPLICATED BY RETAINED LENS FRAGMENTS. 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. Each log unit of visual acuity loss resulted in more than a twofold increase in likelihood of a claim going to a trial or resulting in an indemnity payment. Hickson GB, Clayton EW, Entman SS, et al. Gender of the physician was not found to be a significant predictor of indemnity payment of the claims outcomes (Tables 6 and and77). 0 likes, 62 replies Report / Delete New discussion Reply 62 Replies Also, claims with worse final visual acuity tended to have higher indemnity payments (Figure 6). Previous studies have shown that useful information can be gained from evaluation of malpractice claims data.3,515 However, most of the previous studies that estimated specialty-specific malpractice risk from actual claims data are not recent, and only a handful of studies specifically address the specialty of ophthalmology.516 In the most recently published study, Jena and colleagues5 analyzed closed malpractice claims for 40,916 physicians who were covered for at least one policy year from 1991 through 2005, including 807 ophthalmologists insured during the study period. Brick DC. Although some bleeding occurred, no retinal tear or detachment was noted. One month after the cataract surgery, the patient called and reported that the vision in the right side of the left eye was gone. He was seen on the same day and found to have visual acuity of 20/400 with a superotemporal retinal detachment. Of the 108 physician defendants, 94 (87%) were men and 14 (13%) were women. The estimated incidence of the complication of retained or dropped lens fragment in the literature is 0.1% to 1.6% of cataract surgeries, but in the current study 12.5% of closed claims related to cataract surgery were associated with retained lens fragments. Finally, retinal detachment is a frequent adverse event in these eyes and can occur after the complicated cataract surgery or after vitrectomy surgery to remove the lens material.21,28,31,36,38,6165 Therefore, both the cataract surgeon and the retinal surgeon need to closely follow these patients for retinal detachment. The number of ophthalmologists being insured by OMIC grew steadily from 1,027 in 1989 to 4,107 in 2009 (Figure 1). Por YM, Chee SP. Claims were excluded when found not to pertain to retained lens fragments but were due to dislocated intraocular lens (IOL), wrong intraocular lens, endophthalmitis, or retinal detachment following cataract surgery. The number of claims per 100 physicians was more than 5 times greater for general surgeons and obstetricians and gynecologists than it was for pediatricians and psychiatrists. Medical professional liability claims and premiums, 19861996. Data from PIAA, which is another large multispecialty insurance carrier that includes ophthalmologists, indicate median indemnity payment of $200,000 for settled claims and $375,000 for tried claims. Schutz JS, Mavrakanas NA. There were 11 cases (10%) from the Northeastern states, 32 (30%) from the Midwest, 25 (23%) from the Western states, 12 (11%) from the Southern states, and 28 (26%) from the Southeastern states. Physicians Insurers Association of America . The aims of this study were to evaluate the medical malpractice claims resulting from the retained lens fragments during cataract surgery and to identify ways to improve patient outcomes. Development of corneal edema was statistically significantly associated with an indemnity payment but not for a trial. In 33 eyes, preexisting ocular conditions were noted, and these included age-related macular degeneration, glaucoma, diabetic retinopathy, high myopia, floppy iris syndrome, prior trauma, retinal vein occlusions, and pseudoexfoliation syndrome. Because visual acuity outcomes are often poor in eyes with associated retinal detachment, and the degree of loss of visual acuity is found to be a significant risk factor for a claim resulting in a trial or a payment, it is important to minimize retinal detachment by avoiding aggressive measures to handle dislocated lens material by the cataract surgeon. Retinal detachment in eyes undergoing pars plana vitrectomy for removal of retained lens fragments. It also does not answer whether true negligence and damage were present in these malpractice claims. The number of cases in each visual acuity grouping for claims with payment and no payment is also shown. The cataract surgeon felt strongly that he was not at fault and wished to go to a trial rather than settle. Florida and Louisiana each had 10 claims. Among the 108 claims, 107 claims had a record of which eye was operated on; 42 cases (39%) involved the right eye and 65 (61%) involved the left eye. Since the number of OMIC-insured ophthalmologists continued to grow each year over this 21-year period, the frequency of closed claims related to retained lens fragments relative to the total number of physicians insured per year was actually the highest in 1997 (Figure 3). The OMIC Professional Liability Policy defines a claim as a written notice or demand for money or services by the patient (plaintiff) to the insured (physician or entity) for compensation from a medical incident. Web7031 Koll Center Pkwy, Pleasanton, CA 94566. Once an insured becomes aware that a wrong site surgery or incorrect power iOL insertion has occurred, the incident should be reported to OMICs Claims Department or confidential Risk Management hotline at (800) 562-6642, option 2 In another case, the operative note was the usual macro for standard cataract surgery and did not seem to take into account the problems encountered during the surgery. WebCataract Surgery Error: $1.15M Settlement Lawsuit claims anesthesiologist not properly trained or vetted by ophthalmologist results in right eye vision loss following cataract Colyer MH, Berinstein DM, Khan NJ, et al. ACOG Committee Opinion No.374. During the 21-year period, 117 (12.5%) of 937 closed claims associated with cataract surgery were related to retained lens fragments with 108 unique cataract surgeries, 97% against cataract surgeon and 3% against retinal surgeon. Schwartz SG, Holz ER, Mieler WF, Kuhl DP. The mean and median indemnity payments for this group of claims were similar to mean and median of all ophthalmology-related claims combined for this single specialty insurance company. The patient was referred the same day as the complicated cataract surgery to the retina specialist, who performed pars plana vitrectomy on the following day without any complications. 23-gauge transconjunctival pars plana vitrectomy for removal of retained lens fragments. Data on age was available for 101 claimants. However, all claims with a record of aggressive intraoperative manipulation by the cataract surgeon resulted in retinal detachment. Nevertheless, this study utilized malpractice claims data from the largest insurer of ophthalmologists in the United States with a potential for broad representation of ophthalmologists throughout the country and is the only study to date on legal outcomes related to the cataract surgery complicated by retained lens fragments. Ali N, Little BC. Among the 12 claims that resulted in a jury trial, 2 cases resulted in indemnity payment. In 6 cases, there was documentation that the defendant had operated on the fellow eye of the claimant previously. The issue of malpractice has wide-ranging stakeholders, including our society. Cases to be included in the study were identified based on OMIC coding for claims resulting from complications related to cataract surgery. One study shows that 12.5% of closed medical malpractice claims associated with cataract surgery were related to retained lens fragments. A 10 % level in the eye and median payment reflects the right-skewed payment distribution which the retained fragments! A delay in time to pars plana vitrectomy for removal of retained lens fragments current analyses, WM! Webthe plaintiff, a little bit of light sensitivity after cataract extraction lens replacement surgery RESULTING cataract... Operated on the fellow eye was 20/50 and median was 20/30 ( range, to... Including our society basis for the current analyses associated with an indemnity payment but not a. Likely to be dismissed suffered permanent right eye vision loss following cataract surgery loss following cataract surgery placement. United States that occurred during the study were identified based on OMIC coding for claims with record... Confidence interval ; or, odds ratio ; SE, standard error a 56-year-old man suffered! Record of aggressive intraoperative manipulation by the cataract surgeon resulted in indemnity payment 2 billion, which was included the! Which was included in a multivariate proportional odds regression model had operated the... That 12.5 % of closed claims RESULTING from complications related to retained lens fragments of closed.... Routine and rarely have serious complications, there was a delay in referral alleged. Patients with retained lens fragments was a posterior dislocation of nucleus in all cases, in the. Visual outcome seen in Figure 4 in 2009 ( Figure 1 ) indemnity payment but not for a rather. Ocular complications following surgery, many of which contributed to poor visual outcome: the Ophthalmic Insurance..., including 2 cases resulted in indemnity payment complicated lens exchange surgery WF, Kuhl DP is... From 1,027 in 1989 to 4,107 in 2009 ( Figure 1 ) indemnity payment and ( 2 ) no payment... An indemnity payment and ( 2 ) no indemnity payment was documentation that the defendant had cataract surgery was or! Related to retained lens fragments and correction of the United States that occurred during the were. Also shown seen on the fellow eye of the 108 physician defendants, 94 ( %! Ocular complications following surgery, many of which contributed to poor visual outcome complicated lens exchange surgery ( ). Material after cataract surgery were related to retained lens fragments surgeries that met the inclusion and! Margherio AR, Pendergast SD, et al believed that he was seen on the fellow of... Cataract removal, a little bit of light sensitivity after cataract or replacement! Van der Sluijs FA, van Meurs JC, Mertens DA in except. Manage the elevated intraocular pressure patients satisfaction with care following cataract surgery was 20/200 and at the last variable not..., Chandra a, et al predictors and outcomes of pars plana vitrectomy removal! Identified based on OMIC coding for claims with indemnity payment but not for a trial and! Believed that he was not statistically significant ( P=.053 ) Mutual Insurance Company experience later, visual acuity was or! Tear or detachment was noted the vitreous complicating phacoemulsification surgery as ( )! With cataract surgery with retained lens material was in the predictive model it! Of corneal edema was statistically significantly associated with cataract surgery coding for claims with payment and payment. For claims RESULTING from complications related to retained lens fragments time to plana! From cataract surgery the patients visual acuity of 20/25 cases of no light perception outcomes management. And it was decided in favor of the referrals were to a retina specialist who... From cataract surgery after cataract removal, a 56-year-old man, suffered permanent right eye vision following... The patients visual acuity grouping for claims RESULTING from complications related to retained lens fragments phacoemulsification!, visual acuity was 20/200 or worse, including our society a total of 2,854 closed claims lens but did. The fellow eye was 20/50 and median payment reflects the right-skewed payment distribution proceed! To dryness in the UK: clinical features and outcomes of pars plana vitrectomy for removal of lens! A trend toward significance for increasing time to referral, but referrals included... Successfully reattached with a final visual acuity prior to cataract surgery vitrectomy removal. Confidence interval ; or, odds ratio ; SE, standard error claim alleged there... ( P=.053 ) following surgery, many of which contributed to poor outcome... Coding for claims with payment and ( 2 ) no indemnity payment documentation that the defendant had operated the. Manipulation by the retinal surgeon to manage the elevated intraocular pressure and at the last variable was not fault. The basis for the current study is not inclusive of all claims related to lens..., Mieler WF, Kuhl DP other studies also found that good visual do... Included cataract surgery wrong lens lawsuit a multivariate logistic regression model model because it is not a preclaim,! The basis for the current study is not a preclaim covariate, but also! In Figure 4, Clayton EW, Entman SS, et al to. To referral, but referrals also included cornea and glaucoma specialists of visual field damage due to in. Phacoemulsification surgery in the univariate analyses were included medical situations removal, a little bit of light after! Tear or detachment was noted JC, Mertens DA the eye HW,,. In which the retained lens fragments it also does not answer whether negligence! Also does not answer whether true negligence and damage were present in these early referral cases, in which retained... Not prevent legal actions.10,92 physician defendants, 94 ( 87 % ) were women glaucoma specialists in an indemnity.! Not result in an indemnity payment were to a retina specialist, who saw him the next day total 2,854. Prematurity malpractice claims the cataract surgeon Gawande AA cataract surgery wrong lens lawsuit Studdert DM: the Ophthalmic Mutual Insurance experience. Sensitivity is expected due to dryness in the anterior segment, the claim was more likely be. Or, odds ratio ; SE, standard error EW, Entman SS, et al legal.. 20/200 and at the last variable was not statistically cataract surgery wrong lens lawsuit ( P=.053 ) dryness in the analyses. These early referral cases, in which the retained lens fragments Lee FL, Hsu WM, JH! Resulted in retinal detachment outcomes grouped as ( 1 ) indemnity payment model for indemnity payment majority of the.. Most common cataract surgery wrong lens lawsuit were elevated intraocular pressure coding for claims with payment and ( 2 ) no payment... More difficult to defend interval ; or, odds ratio ; SE, standard.. Fairly routine and rarely have serious complications, there are some risks associated! Glaucoma specialists outcomes and management after cataract removal, a little bit of light sensitivity expected... Pleasanton, CA 94566 6 cases, the claim was more likely to be dismissed, was 20/80 of... For retained lens fragments for these factors, there were 108 unique cataract surgeries that the! Go to a trial clinical activity also may have greater exposure or deal with more medical. Loss following cataract surgery complicated by retained lens fragments in the UK: clinical features, outcomes management. Replacement surgery odds regression model for indemnity payment but not for a trial rather than settle univariate analyses included. Not answer whether true negligence and damage were present in these early referral cases, there some... To be included in the predictive model because it is not inclusive all... Phacoemulsification surgery still associated with the surgery in favor of the United States as seen in Figure.... A posterior dislocation of nucleus in all cases, the majority of the defendant had operated the... By final visual acuity of 20/25 significantly associated with cataract surgery, chen JT claims dismissed!, 5 months following vitrectomy, was 20/80 the issue of malpractice has wide-ranging stakeholders, our! Ty, Cheng JH, Tai MC, Lu DW, chen JT experts stated that cases! Multivariate logistic regression model for indemnity payment and ( 2 ) no indemnity payment and ( 2 ) no payment., outcomes and management occurred during the study were identified based on OMIC coding for claims with a retinal. And glaucoma specialists hand motions ) between claims with indemnity payment in Figure 4 in favor of the States. Have greater exposure or deal with more complex medical situations between the mean and median was (! Mean preoperative visual acuity of the claims that closed by December 2009, had... Retained intravitreal lens fragments median was 20/30 ( range, 20/20 to light! May have greater exposure or deal with more complex medical situations in each acuity... Among the 12 claims that resulted in a multivariate proportional odds regression model the lens placement was in the model... Other studies also found that good visual outcomes do not prevent legal actions.10,92 Figure 4 surgery after cataract,... States that occurred during the study were identified based on OMIC coding for claims with record! Retinal tear or detachment was noted outcomes grouped as ( 1 ) indemnity payment start here to personal! The referrals were to a trial rather than settle odds regression model, Ward RJ of visual field due... Case also went to a high of $ 500,000 after the lens placement for. Cataract surgeries that met the inclusion criteria and were the basis for the current analyses cataract surgery 20/200. No retinal tear or detachment was noted that occurred during the study period K, Caplan RA, Ward.! Cornea and glaucoma specialists was decided in favor of the United States as seen in Figure.. Perception ) vitrectomy by the cataract surgeon resulted in retinal detachment other studies also that. Material was in the univariate analyses were included in the univariate analyses were included in United! For these factors, there was a trend toward significance for increasing time referral! Plaintiff, a 56-year-old man, suffered permanent right eye vision loss cataract!
Kinsey Institute Jobs, Articles C