Abstract
Purpose:
To analyze the characteristics of defendants, court rulings and the compensation received in medical disputes relating to ophthalmology.
Methods:
Retrospective analyses of ophthalmic claims obtained from websites between 1989 and 2014 were performed.
Results:
Among 42 cases, 26 cases were ruled partially in favor of plaintiffs and 16 cases, ruled in favor of the defendant. Regarding the type of hospital, private clinics accounted for 22 claims, tertiary referral hospitals took 16 claims, and the secon-dary hospitals took 6 claims. The judgment amount of all of the lawsuits was ₩1,770,466,250 and average amount was ₩66,743,168 (₩5,000,000-₩455,869,936). The condition with the highest mean payment per claim was glaucoma (₩223,788,608). The consolation money for emotional distress due to violation of liability for explanation comprised a large pro-portion of the compensation, accounting for 62% of total payment. The conditions most likely to result in payment were those re-lated to the retina, which occurred in 7 cases (70%). The conditions most likely to be appealed to a higher court were those in-volving oculoplasty (100%). Mismanagement of tests and misdiagnosis occurred in 8 cases (62%), mismanagement of treat-ment occurred in 3 cases (23%), and mismanagement of anesthesia and recovery occurred in 1 case (9%).
Conclusions:
Among all claims, those involving private clinics were most commonly involved (52%) and 62% of all claims were decided partially in favor of plaintiffs. Violation of liability during the explanation of the condition and negligence during the act of diagnosis and treatment were significant reasons for payment. Examination of these cases will help to promote patient safety and reduce repeated medical disputes.
References
1. Jeong YY. An inducement problem on the principle liability with-out fault in a legislative bill of injury and relief in a medical accident. Korean Soc Law Med Semi. 2006; 7:271–310.
2. Kim BI. Status and problems of medical disputes by ADR. Chungnam University Legal Research. 2005; 16:240.
3. Mathew RG, Ferguson V, Hingorani M. Clinical negligence in oph-thalmology: fifteen years of national health service litigation au-thority data. Ophthalmology. 2013; 120:859–64.
5. Cook TM, Bland L, Mihai R, Scott S. Litigation related to anaes-thesia: an analysis of claims against the NHS in England 1995- 2007. Anaesthesia. 2009; 64:706–18.
6. Lee MS, Hwangbo M, Seo HS. The judicial precedent analysis of medical litigation in the field of pediatric ophthalmology. J Korean Med Ophthalmol Otolaryngol Dermatol. 2012; 25:78–87.
7. Ministry of Government Legislation. Information of Life Law. http://oneclick.law.go.kr. Accessed June 1. 2014.
8. Lee JK. A study on negligence and comparative negligence in med-ical malpractice. Inha University Graduate School of Law. 2005; 8:85–9.
9. Ambady N, Laplante D, Nguyen T, et al. Surgeons’ tone of voice: a clue to malpractice history. Surgery. 2002; 132:5–9.
10. Levinson W, Roter DL, Mullooly JP, et al. Physician-patient com-munication: the relationship with malpractice claims among pri-mary care physicians and surgeons. JAMA. 1997; 277:553–9.
11. General Medical Council. Good Medical Practice. http://www. gmc-uk.org/good_medical_practice_July_1998.pdf_25416527.pdf. Accessed July 1. 1998.
Table 1.
Subspecialty | Number of claims | Percentage of total claims (%) | Total damages (₩) | Percentage of total payments (%) | l Mean damages (₩) P | Paid to closed ratio (%) |
---|---|---|---|---|---|---|
Refractive surgery | 15 | 33.33 | 724,152,633 | 32.53 | 72,415,263 | 60 |
Vitreo-retina | 10 | 22.22 | 591,309,578 | 26.56 | 84,472,797 | 70 |
Cataract | 7 | 15.56 | 43,595,450 | 1.96 | 14,531,817 | 43 |
Glaucoma∗ | 5 | 11.11 | 671,365,825 | 30.16 | 223,788,608 | 60 |
Oculoplasty | 4 | 8.89 | 134,637,109 | 6.05 | 44,879,036 | 50 |
Anterior segment | 2 | 4.44 | 23,131,711 | 1.04 | 23,131,711 | 50 |
Strabismus | 1 | 2.22 | 10,000,000 | 0.45 | 10,000,000 | 100 |
Miscellaneous | 1 | 2.22 | 28,143,880 | 1.26 | 28,143,880 | 100 |
Total | 30 | 100 | 2,226,336,186 | 100 | 501,363,112 | - |