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Litigation after poor surgical result can be avoided, attorney says
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NEW ORLEANS — Patients who sue refractive surgeons do so for two principal reasons — because the surgical outcome was unacceptable or because the surgeon made a mistake. But in both instances a lawsuit is avoidable, said C. Gregory Tiemeier, JD, here at the American Academy of Ophthalmology meeting.
During a session at the refractive subspecialty day, Mr. Tiemeier recommended that the surgeon communicate with the patient immediately after a “malresult or true malpractice.”
“Tell the patient you’re sorry. You’d be surprised how many patients come to my office to litigate when all they wanted was an apology,” he said.
He advised surgeons to be up front with the patient and explain what went wrong. “Even if you don’t know, tell them that you don’t know, but your best educated guess is this or that,” he advised.
Ask patients if there is anything you can do for them while they are in recovery, Mr. Tiemeier advised.
“Most of the time they’ll say ‘No,’ but ask them anyway,” he said.
The ophthalmologist who ends up subsequently treating a patient who was unhappy with another surgeon’s work should consult the original surgeon, he said. The surgeon must find out from the unhappy patient what his or her expectations were and how the original physician failed to meet them and then get the story from the surgeon’s perspective.
Mr. Tiemeier also proposed that the surgeon with the unhappy patient try to maintain some control over the referral by suggesting an ophthalmologist to the patient.