Because surgery to the eye is one of the most delicate, and therefore potentially dangerous, surgeries performed, there are many ways in which an ophthalmologist can be negligent and cause damage to their patient’s eye or eyes. Such damage may include disease, injury, partial loss of vision, or even blindness. In addition, there are many opportunities for an unskilled or inattentive ophthalmologist to miss an important symptom in their patient’s history or condition and negligently fail to refer their patient to the proper specialist.
Factors in Ophthalmological Care
The eye is small, and the elements that make up the eye are even smaller, as are the conditions that may potentially cause damage. It is very easy for an inexperienced or untrained physician to miss an important component of an injury or symptom of an illness that a more skilled or specialized ophthalmologist might find.
- The most common grounds for ophthalmological malpractice suits are the result of a physician’s failure to refer their patient to a more skilled specialist or subspecialist. If an attending physician, even an experienced ophthalmologist, fails to refer, they may be guilty of medical malpractice.
- Complicating conditions can also lead to serious consequences if a physician fails to consider their impact on a new disease or injury. Diabetes can lead to retinal detachment. If a patient’s internist fails to detect signs of this condition and refer the patient to an ophthalmologist, they may be negligent.
- The Herpes Simplex or Herpes Keratitis virus presents as simple eye irritation, but it can accelerate unnoticed and lead to permanent eye damage if untreated or incorrectly treated.
- Elective eye surgeries carry the possibility of serious complications. If an ophthalmologist fails to present the risks and possible complications and damage occurs, they may be guilty of negligence.
Grounds for Ophthalmologist Malpractice
They key to proving ophthalmological malpractice is providing evidence that the physician acted below the normal standard of skill and care that a physician should provide in those circumstances. In most states, a successful lawsuit requires a number of elements:
- Accredited expert testimony or assessment by a medical review board that negligence occurred
- A proven relationship between the doctor and the patient
- A clear error on the part of the physician that causes injury to the patient
- Proven damages to the patient that resulted from that injury
- A claim filed within the statute of limitations of that state (generally between one and three years in most states)
Getting Legal Help with Ophthalmological Negligence
Loss of sight can be devastating to a victim, even if only in one eye. It can prevent an individual from continuing in their vocation, driving a car, or pursuing their education. That is why it is vital to consult an attorney who has experience in this field to ensure that they can correct analyze the merits of a case, find the detailed evidence required to prove it in court, and procure the appropriate experts to substantiate it.
