Resource Library
The Resource Library is a compendium of consent forms, risk management recommendations, sample documents, articles, and other risk management materials to promote ophthalmic patient safety and reduce liability. Contact riskmanagement@omic.com with questions.
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59
resources.
Oct 29, 2014
| Article
Just as with care provided outside of research, subjects who participate in clinical trials can experience complications from the study intervention. Management of adverse events in clinical research raises questions about who provides and pays for care when adverse events occur.
Jun 26, 2019
| Article
The Act therefore applies to physicians, dentists, psychologists, hospitals, surgery centers, nursing homes, and all other providers of mental and physical care. All are prohibited from discriminating against disabled people with regard to the provision of goods, services, facilities, privileges, advantages, or accommodations.
Aug 14, 2024
| Article
We performed qualitative analyses of medical records, patient complaints, and legal discovery to understand what motivated patients to file a claim after receiving premium IOLs or premium cataract-related services, such as use of the femtosecond laser or limbal relaxing incisions (LRI).
Oct 8, 2024
| Article
OMIC's claims management process typically cuts through the red tape and streamlines what could otherwise be a frustrating and stressful adversarial process. The result is a more responsive, personalized experience designed not just to provide competent legal defense, but to reduce the anxiety and alienation that accompany a malpractice action.
Mar 25, 2015
| Article
Over the past five years, OMIC has spent more than $1.8 million to help insureds proactively manage a myriad of sensitive, complex liability issues that were not malpractice claims. This Digest reviews some of these events and the value of calling OMIC early and often when they occur.
Oct 8, 2024
| Article
You have just been sued for malpractice. Who would you want as your defense attorney through the legal quagmire that is sure to follow?
Sep 22, 2015
| Article
The claims discussed in the lead and Closed Claim articles resulted partly from poor communication among treating physicians and staff members. Here are some recommendations about ways to ensure that the necessary information is received from and communicated to the appropriate members of the healthcare team. The scenarios come from actual giant cell arteritis (GCA) claims, and some of the “advice” is from the defense experts who reviewed the claims.
Sep 22, 2015
| Article
This issue of the Digest will report on a study of OMIC claims involving 18 patients diagnosed with GCA between 1993 and 2014. This constellation of incomplete history, poor coordination of care among physicians, and problems with patient adherence occurred in many of the claims, including the one in the Closed Claim Study.
Aug 15, 2018
| Article
OMIC has seen a significant rise in cyber/eMD claims and increasing losses due to security breaches and ransomware attacks.
Oct 1, 2019
| Article
Ophthalmologists examine many patients who are taking systemic medications that can cause ocular toxicity and a temporary decrease in visual acuity, or at worst, irreversible blindness. Ophthalmologists may be the first clinicians to note adverse effects, or be asked to monitor for them. This issue of the Digest will review closed claims involving hydroxychloroquine, ethambutol, gentamicin, and amiodarone, and suggest risk reduction strategies for ophthalmic practices to implement.
Sep 29, 2021
| Article
As noted in the lead article, there are myriad factors that lead to physician stress and burnout. One of those factors is disruptive patients. On the Hotline, we receive many calls from insureds who need assistance in managing patients who are rude, demanding, and non-compliant. Taking early action to resolve these issues will mitigate the risk of a medical malpractice claim, ensure your patients receive the excellent care you wish to provide, and help you avoid burnout.
Oct 8, 2024
| Article
Ophthalmologists inquiring about professional liability insurance often ask how OMIC selects defense counsel when a claim or lawsuit arises. They want to know which attorneys OMIC uses in their city, how OMIC chooses the attorneys it appoints, and if insureds can select their own counsel.
Feb 21, 2018
| Article
As reported in the lead article, our recent study of diagnostic error (DE) claims showed that the ophthalmologist’s care was the primary factor in the delayed diagnosis of retinal detachments (RDs). Experts evaluating such malpractice claims have the advantage of knowing the patient’s outcome and reviewing the records generated by all staff members and providers.
Sep 17, 2016
| Article
Failure to diagnose a condition in a timely manner may lead to patient harm and professional liability exposure. Efforts to reduce the likelihood of diagnostic delay is especially critical in pediatric care since such delays can lead to death or a lifetime of bilateral blindness.
Apr 15, 2016
| Article
In September 2014, the ophthalmologists who compose OMIC’s Claims Committee noticed an increase in OMIC malpractice cases alleging diagnostic error and asked risk management staff to explore the reasons behind this apparent trend. We looked at OMIC claims that were resolved over the seven-year period from 2008 to 2014 and presented this data at the OMIC Forum at the 2015 AAO annual meeting in Las Vegas. Many of our policyholders were not able to attend the Forum, so we are pleased to share this information from the “OMIC study” in the Digest.
Aug 25, 2024
| Article
Before routine eye examinations and refractions, what should you tell patients about cycloplegic or mydriatic eye drops? When should this information be given? How important is it from a risk management standpoint?
Jul 16, 2014
| Article
To better understand the precise type of documentation issues that influenced the outcome of recent cases, I reviewed OMIC lawsuits that closed in 2012 and 2013. This article will address the most common deficiencies, in decreasing order of frequency.
Jun 26, 2019
| Article
OMIC Risk Management has documents that provide an overview of EMTALA (the Emergency Medical Treatment and Active Labor Act) and describe your responsibilities in common scenarios involving after-hours care.
Oct 15, 2018
| Article
A number of plaintiffs who filed a claim against OMIC insureds after developing endophthalmitis inadvertently delayed their own diagnosis and treatment. Our experts reviewing such claims try to determine whether the defendant could have handled the situation better.
Aug 15, 2018
| Article
Infection is a risk of all surgeries. Endophthalmitis is a particularly worrisome type of infection because it can lead to severe vision loss, blindness, and loss of the eye.
Aug 12, 2023
| Article
OMIC has published two reports of endophthalmitis claims studies, one in 2006 and another in 2017. This issue of the Digest updates those studies with data from OMIC’s endophthalmitis claims closed between January 2018 and December 2022, thereby creating a complete analysis of endophthalmitis claims experience from the time of OMIC’s founding in 1987 through 2022.
Aug 14, 2019
| Article
The lead article provided detailed advice on what to do if equipment or a medical device (EMD) malfunctions and harms a patient. This article will focus on identifying opportunities for ensuring safe use of EMDs, drawing upon opinions voiced by defense and plaintiff experts in EMD lawsuits.
Aug 14, 2019
| Article
Ophthalmologists regularly use equipment and medical devices (EMDs) while caring for their patients. Sometimes, things go wrong. Injured patients may allege that an EMD malfunctioned or was used improperly. They may sue the ophthalmologist, the surgery center, and the manufacturer of the EMD. This issue of the Digest will use select closed claims to illustrate the initial steps the ophthalmologist, staff, and surgery center should take to manage these EMD events.
Feb 20, 2017
| Article
In a study of OMIC diagnostic error (DE) claims, we learned that those involving a retinal condition were the most common, accounting for 38% of the claims closed between 2008 and 2014. By far, the most frequently missed diagnosis in our entire study was retinal detachment (RD).
Nov 1, 2019
| Article
On Feb. 3, the US Food and Drug Administration (FDA) issued a warning statement to consumers and health care practitioners.
Oct 11, 2013
| Article
Florida passed a law on comanagement (Ch 2013-26, Laws of Florida) that went into effect on July 1, 2013. Understand your obligations to the patient under this law.
Aug 11, 2022
| Article
Allegations of failure to diagnose are common in medical malpractice lawsuits against ophthalmologists, and diagnostic error is an issue of ongoing concern in the healthcare community. Some ophthalmic conditions, such as giant cell arteritis (GCA), have a short window for diagnosis and treatment. If ophthalmologists don’t appreciate the significance of the signs and symptoms presented or recognize that GCA often does not exhibit “classic” signs and symptoms, they may not follow through to confirm the diagnosis and coordinate treatment and may incur liability exposure.
Jun 15, 2015
| Article
In response to the high number of older patients injured in falls each year, the Centers for Disease Control (CDC) developed a program called STEADI: Stopping Elderly Accidents, Deaths, and Injuries. Ophthalmologists in their offices and staff in ambulatory surgery centers (ASCs) are not likely to perform these tests as part of an eye exam or preoperative evaluation. The information in the documents does, however, contain recommendations that can be implemented by the eye care team.
Oct 12, 2024
| Article
Many ophthalmologists are so outraged and hurt when they are served with a malpractice suit that they understandably do not want to get involved.
Oct 12, 2024
| Article
Lawsuits happen to all types of ophthalmologists. Be prepared when and if it happens to you.
Jul 16, 2014
| Article
Records can become unreliable if steps are not taken to confirm the accuracy of the information.
Aug 14, 2020
| Article
Recently, OMIC made significant payments to settle two claims alleging delay in diagnosis and treatment of acanthamoeba keratitis (AK). Defense experts in these cases noted that AK is rare, difficult to diagnose and treat, and usually leads to poor outcomes. These settlements prompted our Claims Committee to ask Risk Management to review similar lawsuits.
Mar 9, 2022
| Article
Questions and answers from the Risk Management Hotline on informed consent.
Aug 15, 2014
| Article
When plaintiffs sue for medical malpractice after eye surgery, experts review the entire process of care from diagnosis of the condition to management of postoperative problems. Sometimes, claims that initially appear to be about the outcome of a surgical procedure ultimately hinge on care provided well before the surgery. This issue of the Digest will examine allegations of negligent preoperative evaluation, specifically, medical preoperative decision-making.
Jun 13, 2022
| Article
Learn how to be prepared for aggressive behavior by patients and how to reduce the stress resulting from such instances.
Oct 3, 2023
| Article
You would never attempt to represent yourself in a medical malpractice lawsuit. You know that if you are faced with a malpractice complaint, your first course of action should be to call OMIC’s claims department. What you may not know is that OMIC is also here to defend you if you receive a letter of investigation from your state medical board regarding patient care you have rendered.
Jan 5, 2015
| Article
Informed consent laws in most states require physicians to advise patients of their condition, the proposed treatment, and the risks, benefits, and alternatives of the procedure, including no treatment. As the following claim shows, ophthalmologists and patients may have very different understandings of what information is needed.
Sep 22, 2015
| Article
When OMIC settles a claim or pays a judgment against an insured, policyholders often wonder if the payment will be reported to the National Practitioner Data Bank (NPDB). This article will describe under what circumstances federal law requires such reporting.
Oct 10, 2024
| Article
This edition of the Digest reports the analysis of closed claims between 1/1/2009 and 12/31/2022 involving the administration of the incorrect type and concentration of gas, which are considered Never Events.
May 3, 2012
| Article
At the recent American Academy of Ophthalmology meeting in Chicago, an ethics symposium addressed the challenges of obtaining informed consent from older patients. The panelists have agreed to allow OMIC to present some of their comments and suggestions here, particularly those related to aging, decision-making capacity, surrogate decision makers, and cognitive impairment.
Aug 12, 2023
| Article
To combat cyberattacks and prevent claims, Tokio Marine HCC has agreed to provide OMIC insureds with proactive vulnerability scanning that will notify you of potential exposures that could lead to a security breach.
Aug 14, 2020
| Article
Most of the criticisms in the infectious keratitis claims discussed in the lead article focused on the physician’s diagnostic and treatment decisions, including how frequently to follow up with the patient and when to obtain cultures or refer to a corneal specialist. Our investigation showed that several plaintiffs had not complied with appointments, use of medications, and especially instructions to stop contact lens use. The noncompliance helped secure dismissals and defense verdicts.
Aug 15, 2018
| Article
Physician burnout has become one of the most serious problems in healthcare. Doctors who reported at least one major symptom of burnout were more than twice as likely to report a major medical error within the previous 3 months.
Jan 9, 2015
| Article
The analysis of informed consent claims presented in the lead article indicates that patients often don’t understand the planned surgery. Health literacy experts suggest that the use of “plain language” can help. It will also discuss why changes to the informed consent process need to be made with care.
Aug 15, 2014
| Article
As the lead article explains, recent guidelines have helped clarify that patients cannot be “cleared” for surgery and that the purpose of the preoperative evaluation is to identify risks that need to be managed during the perioperative period. This Hotline article will address common questions about performing preoperative history and physical exams (H&Ps).
Aug 14, 2020
| Article
Increased sophistication of cyber criminals, a growing base of connected devices (aka “the attack surface”), and human vulnerability all contribute to an environment rife with cyber security risk that continues to be exploited by criminal actors.
Nov 29, 2022
| Article
Find Human Resources assistance for your practice.
Oct 29, 2014
| Article
Warning letters from the OHRP and FDA, together with OMIC malpractice claims and public hearings on the subject, provide valuable insights into the risks of clinical research and how to better manage those risks.
Apr 1, 2022
| Article
This document summarizes the conditions of coverage that appear in the ROP application; see that application for a complete discussion of the requirements.
Jan 12, 2023
| Article
OMIC automated our society partner discounts and made them easier to obtain.