Protect Yourself From Malpractice

Insist on thorough medical examinations from an experienced doctor after surgery

A woman in her twenties was near-sighted. She did not want to wear contact lenses or have thick glasses. On the advice of her general ophthalmologist she agreed to laser assisted (LASIK) surgery on her corneas to correct her nearsightedness. The operation was done at the office of a doctor, an ophthalmologist who advertises widely about his expertise in LASIK surgery.

Following the surgery, the woman visited the surgeon-ophthalmologist's office for routine follow-up visits, which is typical after surgery of any sort. A few weeks after the surgery she noticed a "shadow" in part of the field of vision of her right eye. She called the ophthalmologist's office for an appointment. She was not able to see the experienced doctor who performed the surgery. Instead she saw a younger doctor, an employee of the experienced doctor. Complaining of a shadow in part of the field of vision is a typical complaint of someone who has suffered a hole or tear of the retina, which is the light-sensitive membrane which forms the innermost layer of the eyeball. People who are very near-sighted are at higher risk for holes or tears of the retina. The younger doctor checked the front part, including the cornea, of her right eye, where the LASIK surgery was done, and did not detect anything wrong. He did not put drops in her eyes to widen her pupils. It is necessary to dilate a patient's pupils to have a thorough examination of the retinas inside the back of the eye. Since the younger doctor did not dilate her pupils, he failed to see the hole or tear of the retina of her right eye. His only instruction was to return in three months for another routine check-up.

The shadow in her right eye worsened, so she called for another appointment. This time she saw the experienced doctor who had performed the original LASIK surgery. By then the vision in her right eye was very blurry. After dilating the pupils of her eyes, the experienced doctor quickly determined that a substantial portion of the retina of her right eye had now become loose. This is called a retinal detachment.

He referred her to a retinal surgeon, who performed emergency surgery to try to reattach the retina. Unfortunately, the vision in her right eye was permanently substantially impaired. The retinal detachment could have been prevented if the younger doctor had promptly referred her to a specialist. If a retina has a hole or tear, surgery or a laser treatment should be done promptly to prevent a retinal detachment. A repaired hole or tear in the retina usually does not significantly affect a person's vision.

A patient undergoing any procedure has the right to know what physician is treating her and to have that physician or another physician, to whom she consents, see and treat her for the procedure and its aftercare. And, regardless of what physician sees the patient, the patient has the right and the doctor has the obligation to respond to a patient's complaints with appropriate medical treatment.

Our office was able to settle the case for a substantial sum of money.