Ethics and the American Academy of Ophthalmology in historical perspective.
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Biomedical subjects
Publications and source records attributed to J W Bettman.
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Seven hundred medicolegal claims in ophthalmology were reviewed by one ophthalmologist who served as an expert for four decades. The ophthalmologist was personally involved in 620 claims. The 700 cases have been categorized and analyzed. The reasons for the claims and some lessons derived from them are presented. Familiarity with the claims encountered by others may enable ophthalmologists to avoid similar claims.
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In 11 of 22 medicolegal claims involving intraocular lens implants, the medical care given to the patients was judged to be substandard, whereas this was true in only 19 of 110 (17.3%) ophthalmic claims not involving intraocular lenses. The major reason for this difference was that the intraocular lenses were implanted in cases where they were not indicated. Also, many of these patients had relatively good vision before the surgery and were more likely to sue if the results were poor.
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The lessons learned from 52 medicolegal cases related to trauma are discussed. The role of informed consent is usually indirect. Surprise complications result in anger, and anger may provoke a suit. The emergency situation may be responsible for an incomplete examination, absence of a plan of management, or need to work with inexperienced personnel. An emergency does not preclude the need for prolonged followup in some situations. The availability of numerous devices has complicated the medicolegal problems. Recent relevant court decisions are discussed.
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A study of 276 medicolegal cases disclosed the number in various ophthalmic subspecialties. The medical reasons for filing these claims were usually based upon omission or commission of acts fundamental to good basic ophthalmology, not the omission of sophisticated procedures. Among the lesions were that physicians should plan for the care of emergencies, use few types of drugs, order roentgenograms if suspicions arise, use consultants, stay well within one's level of competence, and document everything.
Four medical centers collaborated in the development of a course in ophthalmology to present new information and skills to the practicing specialist who is not associated with a medical center. The course is presented in 8 two-day sessions, scheduled Friday and Saturday, four times a year, on a two-year cycle. Thus, the participant loses only four days a year from his practice. This course differs from most of the postgraduate courses currently being offered in that it is designed to update basic specialty knowledge and skills systematically to improve health care delivery.
If the result of cataract extraction is not good, patients with relatively good preoperative vision are more likely to sue than those with poor preoperative vision. One of the usual indications for use of a pseudophakos is good vision in one eye. At times the preoperative acuity in the operated eye is not bad. This creates an unfavorable risk:benefit ratio. Other factors that add to the risk of litigation are publicity in the lay press and problems with properly informing the patient to obtain consent.
The advantage of a planned extracapsular cataract extraction is that the intact posterior capsule holds the vitreous face in a more physiologic position. The extracapsular method has been improved by newer techniques and a good result has been made more certain by the following: a large microscopically controlled capsulectomy with the irrigating cystotome, aspiration of the cortex while the wound is secured with sutures, and the use of the irrigating sand-blasted cannula when indicated. The indications for the extracapsular extraction have increased because there is a greater certainty of obtaining a clear pupil with less change of secondary inflamation. These indications and the newer technique are discussed in the body of the paper.
A technique is described for an extracapsular cataract extraction that combines the advantage of freedom of activity associated with phacoemulsification without many of the disadvantages of this procedure. The technique retains one of the advantages of a small wound, the use of the irrigating cystotome, with an advantage of a large wound, ease of delivery of a firm nucleus. An intact posterior capsule is maintained. Although it is similar to the one-day intracapsular method that we described, the present procedure preserves the advantages of a well planned extracapsular extraction for the situations in which intracapsular surgery is not desirable. The technique has been used in 25 cases which have been followed longer than nine months, in which there have been no complications nor secondary opacification of the posterior capsule. The desirable and undesirable features of phacoemulsification, classical extracapsular, our extracapsular and intracapsular procedures have been compared. Comparison with the techniques of lens extraction through a pars plana approach is beyond the scope of this paper.
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Explore the source record for details and available documents.
Explore the source record for details and available documents.