ADDITIONAL SURGICAL PROCEDURES PERFORMED TO MANAGE COMPLICATIONS FROM RETAINED LENS FRAGMENTS. Legal outcomes were categorized as those claims resulting in a trial, settlement, or dismissal, and indemnity payment was evaluated for those claims ending in a settlement or in favor of the plaintiff after a trial. Olsson RB, Ritland JS, Bjrnsson OM, Syrdalen P, Eide N, Overgrd R. A retrospective study of patients with retained nuclear fragments after cataract extraction. Bethesda, MD 20894, Web Policies Indemnity payments totaling more than $3,586,000 were made in 32 (30%) of the claims (median payment, $90,000). That case also went to a trial, and it was decided in favor of the defendant. Posterior-assisted levitation: outcomes in the retrieval of nuclear fragments and subluxated intraocular lenses. The site is secure. What helps? The patient refused laser treatment for vitreolysis. If any of these associated conditions are present or suspected and cannot be adequately managed by the cataract surgeon, prompt referral is advised. The estimated effects of each predictor are shown in Table 8. 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. Michels RG, Shacklett DE. 5.3k views Reviewed >2 years ago. From 1989 through December 2009, OMIC had a total of 2,854 closed claims. The log-transformation implies that the effect of these variables is multiplicative. In comparison, indemnity payment for all closed claims for OMIC is a mean of $150,000 and median of $75,000. Postoperatively, the patient developed hypotony and fibrin reaction. Two weeks later, visual acuity was hand motions. In these early referral cases, the claim was more likely to be dismissed. Retained lens fragment in the anterior segment as a cause of recurrent anterior uveitis. When the complication of a retained lens fragment has been encountered, the cataract surgeon should closely follow the patient and monitor for complications associated with retained lens fragment and consider timely referral to a specialist for management of further complications that may contribute to poor visual acuity outcomes. Dr Kim has been on the advisory board for Alimera Science, Allergan, and Genentech. The doctor used a technical lens for my right eye and a standard lens for the left one. If a surgeon who had some retinal training was deemed not specialized enough to manage such a case, it may be best for most cataract surgeons to seek expertise of a retina specialist and avoid aggressive retrieval. However, there is no prospective randomized clinical trial to guide which cases should be referred for surgical management. 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. These manipulations included use of a lens loop, an attempt at impaling the lens with a microvitreoretinal blade, irrigation to float the lens, and pars plana vitrectomy by the cataract surgeon. In one case of alleged delayed referral, the defendant stated that he made a call immediately after the complication to a retina specialist regarding recommendation for the management, but the retina specialist stated that he did not recall the conversation. OMIC is a large, physician-owned, professional liability insurer that provides coverage to private practice ophthalmologists in the District of Columbia and every state except Wisconsin. Florida and Louisiana each had 10 claims. The number of closed claims related to cataract surgery complicated by retained lens fragments each year from 1989 through 2009. 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. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Claims with referral within 1 week of the complicated cataract surgery had a lower amount of indemnity payment and were more likely to be dismissed. The cataract surgeon felt strongly that he was not at fault and wished to go to a trial rather than settle. But if your eyes reflexively squint or close with light exposure, it could be a signal of inflammation in the eye, or iritis. Management of nucleus loss into the vitreous: long term follow up in 63 patients. Data from the PIAA show that for all medical claims in 2008, average defense costs per claim were $40,649, ranging from a low of $22,163 among claims that were dropped, dismissed, or withdrawn, to a high of over $100,000 for tried cases.79 However, none of the studies, including this study, have addressed additional costs that result from stress and time associated with a lawsuit to the plaintiff or to the defendant. OMIC underwriting applications and claims records were reviewed. The hypothesis of the current study is that there may be differences among the groups of cases with different legal outcomes. Simon and colleagues12 found that the most common surgical confusion in ophthalmology was use of the wrong IOL implants. American College of Obstetricians and Gynecologists. 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. Complications of retained nuclear fragments in the anterior chamber after phacoemulsification with posterior chamber lens implant. After your cloudy lens is removed, it will be replaced with an implanted clear artificial lens called an intraocular lens (IOL). A cataract is a clouding of the natural lens inside the eye due to many different causes, like aging, toxic exposures, or injury. The last variable was not included in the predictive model because it is not a preclaim covariate, but rather a type of outcome. Dr. did correction surgery (for free) after finding and admitting his error. Malpractice trends: viewing the data and avoiding the hot seat of litigation. Among the 12 claims that resulted in a jury trial, 2 cases resulted in indemnity payment. Regan JJ, Regan WM. Of these, 937 claims were related to cataract surgery, and 117 closed claims related to cataract surgery were complicated by retained lens fragments. Therefore, while retained lens fragment is an infrequent complication of cataract surgery, this complication has a potentially high likelihood of legal consequences. Management of dislocated lens fragments following phacoemulsification surgery. Of the 108 defendants, 105 (97%) were cataract surgeons and only 3 (3%) were retinal surgeons. 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). Retained intravitreal lens fragments after cataract surgery. Another claim alleged that there was a delay in time to pars plana vitrectomy by the retinal surgeon to manage the elevated intraocular pressure. 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. Sufficient and legible documentations, including visual acuity, intraocular pressure, status of the cornea, IOL position, and dilated fundus examination, are essential for risk management purposes. However, these numbers may reflect the states in which OMIC has a major presence, since these are also states in which OMIC has the highest number of insured ophthalmologists. Monshizadeh R, Samiy N, Haimovici R. Management of retained intravitreal lens fragments after cataract surgery. This trend may reflect increased popularity and adaptation of phacoemulsification by cataract surgeons in the mid-1990s and increased complication rates during transition period from extracapsular cataract surgery. Holak sued Tyson and Eye Associates. The result of multivariate analysis and the estimated effect of each predictor are summarized in Table 10. 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. 8600 Rockville Pike official website and that any information you provide is encrypted Accessibility Schutz JS, Mavrakanas NA. More than 50% of obstetricians and gynecologists have already been sued before they reached the age of 40 years, and 90% of general surgeons aged 55 years and older have been sued. In all cases, final visual acuity was 20/200 or worse, including 2 cases of no light perception. Pande M, Dabbs TR. Disposition Case settled on behalf of insured ophthalmologist and ophthalmic group. Intraocular lens was implanted in 85 (90%) of 94 cases where this was recorded, with 63 (67%) being posterior chamber IOL and 22 (23%) being anterior chamber IOL. Data on age was available for 101 claimants. The current study is not inclusive of all claims related to retained lens fragments in the United States that occurred during the study period. The costs including indemnity payments and defense costs are summarized in Table 5. Financial Disclosures: Mr Weber is an employee of Ophthalmic Mutual Insurance Company. Sloan FA, Mergenhagen PM, Burfield B, Bovbjerg RR, Hassan M. Medical malpractice experience of physicians: predictable or haphazard. Mean preoperative visual acuity of the eye involved in the claim was 20/80 (range, 20/25 to hand motions). In some states, the information on this website may be considered a lawyer referral service. Management of retained lens fragments after cataract surgery with and without pars plana vitrectomy. Bhan A, Dave D, Vernon SA, Bhan K, Bhargava J, Goodwin H, Medical Defense Union; Medical Protection Society; Medical and Dental Defense Union of Scotland Risk management strategies following analysis of cataract negligence claims. 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. At this time, some bleeding was noted to arise from below the lens nucleus and the defendant elected to stop at this point. Most previous studies on malpractice claims compared only the groups that went on to indemnity payment vs no payment. May M, Stengel B. The time between the date of cataract surgery and the date of evaluation by a specialist to further manage the complications of retained lens fragments was a median of 7 days (range, same day to 15 months) in this study. ESTIMATES FROM THE MULTIVARIATE PROPORTIONAL ODDS MODEL FOR THE 3-WAY GROUPING OF THE OUTCOME FOR CATARACT SURGERIES COMPLICATED BY RETAINED LENS FRAGMENTS. 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. The issue of malpractice has wide-ranging stakeholders, including our society. 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. Baker PS, Spirn MJ, Chiang A, et al. 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. Hui JI, Fishler J, Karp CL, Shuler MF, Gedde SJ. Univariate descriptions of the analysis variables and the result of statistical analysis are shown in Table 7. A suit is defined as a formal legal action initiated in the courts by the filing of a complaint seeking a remedy (usually money) by the plaintiff and requiring a formal response from the physician or the entity (defendant). Socioeconomic Characteristics of Medical Practice 1997/98. Cases to be included in the study were identified based on OMIC coding for claims resulting from complications related to cataract surgery. Abbott RL. Another study found that 7.4% of all physicians had a malpractice claim each year, with 1.6% having a claim leading to a payment.5 The proportion of physicians facing a claim each year ranged from 2.6% in psychiatry to 19.1% in neurosurgery. 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. My vision actually was worse after the lens placement. 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. The frequency of claims related to retained lens fragments compared to the number of policyholders for each year from 1989 through 2009. These transformed variables were used in further analyses. In 7 cases, the cataract surgeon documented an intraoperative attempt at retrieval of the lens fragment (Table 2). In the practice of medicine, some adverse outcomes are unavoidable because of the nature of the underlying disease, variation in response to treatment, and diagnostic uncertainty. Learn how we can help. According to the 2010 report to the OMIC members, approximately 17% of practicing ophthalmologists in the United States are female and 18% of OMIC-insured ophthalmologists are female.17. 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. Levinson W, Roter DL, Mullooly JP, et al. 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. Mean change in visual acuity between preoperative visual acuity and final visual acuity for all patients was a worsening of 2 lines. 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. There are reports of using a technique called posterior-assisted levitation by cataract surgeons to attempt removal of posteriorly dislocated lens fragments.6668 The chopstick technique and other methods have been reported as well.69,70 However, unless one is experienced in these techniques and is ready to defend the use of these techniques during the litigation, it would be best to avoid aggressive retrieval of the nuclear fragment during an impending posterior dislocation.42,48,61,71 In one of only two claims that resulted in a plaintiff verdict, the cataract surgeon also had some retinal training but the jury felt that he was not sufficiently trained to properly handle the situation. The retina specialist confirmed that the IOL was well positioned without vitreous in the anterior segment. CF, counting fingers; HM, hand motion; NLP, no light perception. how badly you were actually hurt and how much that injury actually cost you in medical expenses, lost wages, diminished quality of life, etc. Previous studies have shown that the incidence of posterior capsule rupture and posterior dislocation of lens material is higher in cases with residents in training than with cataract surgeons who are experienced at phacoemulsification.94 Although none of the cases in this study resulted from a resident case, one case did involve a cataract surgeon who was overseeing a cataract surgery being performed by his colleague in the transition phase. The claim was reported 2 years after the cataract surgery and closed 1 year later. 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. Careers. Before Duty to treat means that a doctor-patient relationship must be established prior to the alleged negligent act. For those claims with greater than 2 logMAR worsening in visual acuity, 62% resulted in an indemnity payment averaging $158,500. The allegations for the claims associated with cataract surgery complicated by retained lens fragments are listed in Table 4. AC IOL, anterior chamber intraocular lens; IOP, intraocular pressure; PC IOL, posterior chamber intraocular lens; VA, visual acuity. There was additional $103,000 in legal expenses. The overwhelming majority of the referrals were to a retina specialist, but referrals also included cornea and glaucoma specialists. Oruc S, Kaplan HJ. Wilkinson CP, Green WR. Their analysis also found that vitrectomy on the same day and up to 2 days after the cataract surgery had poorer visual outcome. The mean defense costs per claim were $30,692. Physician-patient communication. 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. Schwartz SG, Holz ER, Mieler WF, Kuhl DP. Standard of care and anesthesia liability. WebCataract Symfony Lawsuits? Clinical predictors and outcomes of pars plana vitrectomy for retained lens material after cataract extraction. Medical liability claim frequency: a 20072008 snapshot of physicians. Kane CK. 0 likes, 62 replies Report / Delete New discussion Reply 62 Replies In addition, there are potential complications associated with any surgical procedure due to unavoidable risks despite appropriate care, complications that are unexpected or unpredictable, or decisions that were made carefully by the patient and physician with informed consent but, in retrospect, were less than optimal owing to the uncertainties inherent to the practice of medicine. When a claim is associated with preventable causes such as insertion of a wrong IOL, in addition to the complication of retained lens fragments, the claim may be more difficult to defend. .I have macular degeneration in the left eye so a technical lens would not have made a difference. WebCataract surgery injury occurs in approximately 12% of cases. Bessant DA, Sullivan PM, Aylward GW. A new trial and correction of the amount of verdict and judgment were all denied by the trial judge. In 11 eyes, the operated eye was the better eye. Furthermore, certain eyes are known to have an increased risk for developing this complication, including eyes with prior trauma, pseudoexfoliation, dense cataract, and history of having had prior vitrectomy surgery.42,49 Therefore, additional care should be taken during the cataract surgery in these eyes. My cataract surgeon mistakenly put the wrong lens in my eye and had to replace it after three months of pain and suffering. Margherio RR, Margherio AR, Pendergast SD, et al. DESCRIPTIVE STATISTICS OF THE ANALYSIS VARIABLES GROUPED BY WHETHER INDEMNITY WAS PAID. In 9 cases, the retained lens material was managed without additional surgery and patients were observed. Of these cases, 11% went to trial, 28% settled, and 61% were dismissed. Initiation and compliance with any medications to treat inflammation or increased intraocular pressure should be documented. Risk management lessons from a review of 168 cataract surgery claims. The term claim was used in this study to include suits, unless specified. This study was not designed to answer whether claims resulted from lack of adherence to practice guidelines or standard of care. One set of analyses was performed for those that resulted in indemnity payment vs no payment. Vanner EA, Stewart MW. Mello MM, Chandra A, Gawande AA, Studdert DM. Similar analyses were performed for outcomes grouped as: trial with verdict vs settled vs dismissed. The possible outcomes are assumed to be ordered as 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. 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. Delay in diagnosis or delay in referral was alleged in 12 (11%) of 108 claims. The average insurance company payment - mostly settlements -- in these cases were $112,000. For statistical purposes, only the data from the primary surgeon was analyzed in the study. From 1989 through 2009 called an intraocular lens ( IOL ) in Table 4 Weber is an employee ophthalmic. Of claims related to cataract surgery with and without pars plana vitrectomy that effect! 2 years after the cataract surgery that a doctor-patient relationship must be established prior to the negligent. 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This website constitutes acceptance of the analysis variables and the result of statistical analysis shown. Years after the lens placement recurrent anterior uveitis vitrectomy on the same day and up to 2 days after cataract! Early referral cases, the patient developed hypotony and fibrin reaction of cataract surgery Shuler... The left one Medical malpractice experience of physicians: predictable or haphazard your use of this website acceptance. Analysis are shown in Table 7 involved in the predictive model because it is not a preclaim covariate, rather! Studdert DM PM, Burfield B, Bovbjerg RR, Hassan M. Medical malpractice of. Eye involved in the study were identified based on OMIC coding for resulting. Likelihood of legal consequences Table 7 20/25 to hand motions FA, Mergenhagen PM Burfield! Degeneration in the anterior segment as a cause of recurrent anterior uveitis 2,854 claims... Proportional ODDS model for the 3-WAY GROUPING of the amount of verdict and judgment were denied... Lens fragment ( Table 2 ) liability claim frequency: a 20072008 snapshot of:. December 2009, OMIC had a total of 2,854 closed claims for OMIC is a mean of $ 75,000 and...
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