Closed Claim Studies

In addition to the claims and clinical issues addressed in the OMIC Digest's feature articles, OMIC has carefully reviewed closed claims against ophthalmologists in our Closed Claim Study. The claims range from failure to diagnose retinal detachment to laser skin resurfacing. A review of these claims helps ophthalmologists understand many of the clinical and non-clinical issues that arise in a case and impact the outcome.

Archive of Closed Claims

• Jury Education Averts Potentially Large LASIK Verdict
  (Digest, Winter 2003)
• Subsequent Treaters' Criticism Spurs Unhappy Patient to Sue
  (Digest, Fall 2002)
• Allegation of Consumer Deception Following Flap Complication
  (Digest, Summer 2002)
• Failure to Diagnose Pseudomonas Infection
  (Digest, Spring 2002)
• Orbital Fracture Missed During Eye Exam
  (Digest, Winter 2002)
• Complicated Course of Chronic Iritis
  (Digest, Fall 2001)
• Delayed Referral for Progressive ROP
  (Digest, Summer 2001)
• Patient Slip and Fall Following Dilation
  (Digest, Spring 2001)
• Miscommunication During PRK Leads to Surgical Mix-up
  (Digest, Winter 2001)
• Lack of Informed Consent for Use of Research Drug
  (Digest, Fall 2000)
• Wrong Power IOL Inserted During Cataract Surgery
  (Digest, Summer 2000)
• Failure to Diagnose Retinal Detachment
  (Digest, Spring 2000)
• Unnecessary Surgery for Pterygia
  (Digest, Winter 2000)
• Failure to Obtain Informed Consent for Vitrectomy
  (Digest, Fall 1999)
• Failure to Diagnose Bilateral Acanthamoeba Keratitis
  (Digest, Summer 1999)
• Failure to Diagnose Giant Cell Arteritis
  (Digest, Spring 1999)
• Failure to Diagnose Eye Infection
  (Digest, Winter 1999)
• Unnecessary Laser Surgery for Diabetic Macular Edema
  (Digest, Fall 1998)
• Negligent Lid Surgery on a Graves' Patient
  (Digest, Summer 1998)
• Negligent Administration of Retrobulbar Anesthesia
  (Digest, Spring 1998)
• Failure to Diagnose Temporal Arteritis
  (Digest, Winter 1998)
• Unfamiliar Procedures in Satellite Office Leads to Failure to Diagnose Retinal Detachment
  (Digest, Fall 1997)
• Incomplete Documentation Leads to Claims of Delayed Diagnosis and Treatment of Glaucoma
  (Digest, Spring 1997)
• Delay in Consultation Referral of Post-RK Patient
  (Digest, Fall 1996)
• Advertising and Misrepresentation Hamper Defense in Laser Facial Surgery Case
  (Digest, Summer 1996)
• Delayed Consultation Referral of Managed Care Patient with Endogenous Endophthalmitis
  (Digest, Spring 1996)
• Post-Retrobulbar Retinal Artery Occlusion and Informed Consent for Clinical Investigation of Intraocular Lenses
  (Digest, Winter 1996)
• Early Reporting of Claims Benefits All Insureds (removal of right lower lid lesion)
  (Digest, Fall 1995)
• Follow-up Care Results in Missed ROP Diagnosis
  (Digest, Summer 1995)
• Failure to Diagnose Toxic Optic Neuropathy
  (Digest, Winter 1995)
• Failure to Adequately Inform of Laser Risks (laser retina treatment)
  (Digest, Fall 1994)
• Noncompliance Puts Patients and Physician at Risk in Glaucoma Cases
  (Digest, Summer 1994)
• Failure to Diagnose an Occipital Aneurysm
  (Digest, Spring 1994)
• Delayed Diagnosis of Endophthalmitis Following Cataract Surgery
  (Digest, Winter 1994)
• Charges That Inadvertent Orbital Biopsy Caused Permanent Ptosis
  (Digest, Fall 1993)
• Delay in Performance of Retinal Detachment Surgery and Associated Nonmedical Issues
  (Digest, Summer 1993)
• Failure to Prove Negligence in Treatment of Macular Degeneration
  (Digest, Spring 1993)
• Poor Results from Upper Lid Blepharoplasty
  (Digest, Winter 1993)
• Failure to Diagnose Brain Lesion in a Referred Patient
  (Digest, Fall 1992)
• Medication Error Underlines Importance of Informed Consent (Betagan affects a patient's asthma)
  (Digest, Summer 1992)
• Charges of Abandonment by Noncompliant Patient (treating overcorrected RK patient)
  (Digest, Spring 1992)
• Responsibilities of a Consulting Ophthalmologist (failure to monitor psychiatric patient)
  (Digest, Fall 1991)
• Motion for Summary Judgment (failure to diagnose maxillary sinus carcinoma)
  (Digest, Summer 1991)
• Reviewing Preoperative Test Results (cataract surgery)
  (Digest, Spring 1991)