In the Eyes of the Law
- 1 March 2014
- journal article
- research article
- Published by Ovid Technologies (Wolters Kluwer Health) in Ophthalmic Plastic & Reconstructive Surgery
- Vol. 30 (2), 119-123
- https://doi.org/10.1097/iop.0000000000000025
Abstract
Purpose: To assess characteristics associated with various outcomes of malpractice litigation, resulting from injuries sustained during oculoplastic procedures. Methods: The Westlaw legal database (Thomson Reuters, New York, NY, U.S.A.) was used to obtain jury verdicts and settlements. Pertinent data were extracted from 69 malpractice cases litigated from 1988 to 2012 involving oculoplastic procedures, including alleged cause of malpractice, outcome, and defendant specialty. Results: The most commonly litigated surgical procedures were blepharoplasty (63.8% of total) and brow lift surgery (11.6%). The most commonly alleged complications included excessive scarring (24.6%), lagophthalmos (24.6%), visual defects (23.2%), and exposure keratitis (21.7%). Plastic surgeons were the most commonly named defendants (46.4%), followed by both comprehensive ophthalmologists and fellowship-trained ophthalmic plastic surgeons (17.3% each). A defense verdict was held in 60.9% of cases, a plaintiff verdict in 31.9% of cases, and a settlement was reached in 7.2% of cases. Blindness, cranial nerve injury, and the allegation of a permanent deficit increased the likelihood of a case being resolved with payment to the plaintiff (Fisher exact tests, p < 0.05). Conclusions: Most litigated oculoplastic malpractice cases were resolved in favor of the defendant, while settlements and plaintiff decisions averaged $455,703. Blepharoplasty constituted two-thirds of cases, with the most frequently cited associated complications being unsightly scarring, lagophthalmos, and visual deficits. An alleged lack of informed consent (30.4%) or the need for additional surgery (39.1%) was present in a considerable proportion of cases, emphasizing the importance of a detailed informed consent and clear communication preoperatively regarding patient expectations.Keywords
This publication has 15 references indexed in Scilit:
- Legal Liability in Iatrogenic Orbital InjuryThe Laryngoscope, 2013
- From the operating room to the courtroomThe Laryngoscope, 2013
- Hearing loss resulting in malpractice litigation: What physicians need to knowThe Laryngoscope, 2012
- Malpractice Liability and Defensive Medicine: A National Survey of NeurosurgeonsPLOS ONE, 2012
- Outcomes of Medical Malpractice Litigation Against US PhysiciansArchives of Internal Medicine, 2012
- Malpractice Risk According to Physician SpecialtyThe New England Journal of Medicine, 2011
- Medical Malpractice and Corticosteroid UseOtolaryngology -- Head and Neck Surgery, 2010
- Defensive Medicine, Cost Containment, and ReformJournal of General Internal Medicine, 2010
- Health Spending In The United States And The Rest Of The Industrialized WorldHealth Affairs, 2005
- Impact of the Medical Professional Liability Insurance Crisis on Access to Care in FloridaArchives of Internal Medicine, 2004