June 2021
Volume 62, Issue 8
Open Access
ARVO Annual Meeting Abstract  |   June 2021
Patterns of Cataract Surgery Related Litigations in the United States from 2000-2020
Author Affiliations & Notes
  • Daniel Zhu
    Donald and Barbara Zucker School of Medicine at Hofstra/Northwell, Hempstead, New York, United States
  • Amanda Wong
    Donald and Barbara Zucker School of Medicine at Hofstra/Northwell, Hempstead, New York, United States
  • Rohun Gupta
    Donald and Barbara Zucker School of Medicine at Hofstra/Northwell, Hempstead, New York, United States
  • Albert S Li
    Donald and Barbara Zucker School of Medicine at Hofstra/Northwell, Hempstead, New York, United States
  • Footnotes
    Commercial Relationships   Daniel Zhu, None; Amanda Wong, None; Rohun Gupta, None; Albert Li, None
  • Footnotes
    Support  None
Investigative Ophthalmology & Visual Science June 2021, Vol.62, 577. doi:
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      Daniel Zhu, Amanda Wong, Rohun Gupta, Albert S Li; Patterns of Cataract Surgery Related Litigations in the United States from 2000-2020. Invest. Ophthalmol. Vis. Sci. 2021;62(8):577.

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      © ARVO (1962-2015); The Authors (2016-present)

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Abstract

Purpose : To investigate the characteristics of cataract surgery-related malpractice between 2000 and 2020.

Methods : All U.S. medical malpractice civil trials involving patients who suffered complications of cataract surgery were retrospectively searched in the LexisNexis legal database between January 1, 2000 and December 1, 2020. Available data was collected on each case. Monetary amounts were inflation-adjusted to 2020 dollars. Data collection and descriptive statistical analyses were conducted using the Statistical Package for the Social Sciences with p<0.05 for significance.

Results : Over the past 20 years, 482 cataract surgery litigations were identified in the LexisNexis database, filed in 37 states. New York (27.5%), Florida (8.9%), and California (8.3%) were the top three states with the greatest number of cases. Of the cases where the age was known, the majority of plaintiffs were between the ages of 60-79. 48.5% of verdicts were for the defendant, 11.8% were for the plaintiff, and 30.5% were settled. The remaining cases were either dismissed, pending, discontinued, mediated, or other/unknown. The leading reasons for litigation were retinal detachment and endophthalmitis. The average amounts demanded, offered, and awarded were $1,224,061, $241,314, and $1,350,600 respectively. When comparing between the decades of 2000-2010 and 2011-2020, there was a significant increase in the amounts demanded (p=0.039, Mann Whitney U test) in the second decade compared to the first with no significant increase in the amounts awarded (p=0.118, Mann Whitney U test).

Conclusions : Almost half of reviewed cataract-related malpractice litigation resulted in a defendant verdict. Settlements or plaintiff verdicts were very costly with amounts awarded averaging above $1 million. Over the past decade, while plaintiffs are demanding significantly more, there was no significant increase in awarded amounts.

This is a 2021 ARVO Annual Meeting abstract.

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