19 Sep 2014
Conditions Under Which an Optician Can Get Sued
While complaints alleging malpractice or misconduct shouldn’t be a regular occurrence for optometrists, cases do occur and certain errors are likely to result in a claim.
Despite your best efforts to practise in a caring, professional and competent manner, certain claims could see you faced with large legal bills or even your right to practise removed.
With that in mind, here are 5 common mistakes that could land an optometrist in court and advice on how to avoid making them.
1 – Failure to get informed consent
Gaining patients consent arises in several areas of clinical practise including routine procedures such as the prescription of contact lenses. Patients must sign and date to confirm they have been made fully aware of the risks and alternatives to treatment. Failure to obtain valid, informed consent could leave you open to allegations of clinical negligence.
2 – Keeping poor records
There is no excuse for any practice not to have complete, accurate patient records, and what you don’t document will be assumed as not provided. If a claim should occur, complete and accurate patient documentation is crucial when defending any claims of clinical negligence.
3 – Failure to tell patients about findings
You may be leaving yourself open to a claim if you fail to inform or adequately explain to a patient any suspicious findings. If you do find something that could be of concern, ensure you explain its significance to the patient and what you intend to do regarding treatment/follow up appointments.
4 – Failure to dilate the pupil
Did you know that over 90% of cases against optometrists that allege misdiagnosis of intraocular disease involve failure to dilate the pupil? While dilating the pupils takes more time, it’s advisable that you don’t skip this important step if you want to avoid a claim.
5 – Failure to refer
Practitioners have a responsibility make referrals where appropriate. If you need to bring in a specialist or are unfamiliar in a certain area, you should be sure to refer a patient to a qualified professional. Failure to make a necessary referral could delay diagnosis and treatment and a patient would be well within their rights to sue.
The best way to avoid a claim is to practise in a professional, competent manner. Of course not every mistake can be avoided, and there is no foolproof way of preventing errors. Infocus Opticians Insurance provides you with the peace of mind you need should you find yourself facing the prospect of a claim. Get in touch today to discuss your options.