Cataract surgery accounts for more than 1,000,000 operations in the United States annually. Although the National Eye Institute calls cataract surgery "one of the safest and most effective types of surgery," complications can arise, mistakes can occur, and injuries or even death can result.
When complications or problems occur, malpractice and negligence claims may follow. Cataract surgery accounts for more malpractice claims against ophthalmologists than any other type of surgery they perform.
Attorneys, physicians, hospitals, insurers, and others who may be affected should be aware of the types of lawsuits that may arise after an injury occurs in connection with the treatment of cataracts, what strategies and techniques to employ, and what concerns and issues are critical to know.
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Attorneys:
Counsel must develop a checklist of facts and circumstances, specific to the client’s fact situation, which demonstrates proof of injury in connection with cataract treatment or surgery.
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Physicians:
The other parties to the litigation will scrutinize the ophthalmologist, optometrist, other health care providers, medical experts, assessment, communication, and treatment provided. The health provider must consider this checklist when presenting a defense to liability.
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Insurers:
When investigating a claim of negligence involving the treatment of cataracts, the insurer should carefully evaluate the actions of the ophthalmologist and others. The insurer should look for the following “red flags” and consider how they impact the insurance coverage and the liability for payouts.
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Employers:
Employers and their risk managers are concerned with preventing absenteeism and the ability of their employees to work effectively. The following checklist should be considered when determining if the employee’s cataract is “work related” and occurred “in the course of the employment,” and therefore is compensable.
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