Skip to main page content
U.S. flag

An official website of the United States government

Dot gov

The .gov means it’s official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you’re on a federal government site.

Https

The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.

Access keys NCBI Homepage MyNCBI Homepage Main Content Main Navigation
. 2018 May 18;33(27):e180.
doi: 10.3346/jkms.2018.33.e180. eCollection 2018 Jul 2.

Medical Litigations Associated with Cataract Surgery in Korea

Ji Yoon Kwak  1 , Kyu-Ryong Choi  1 , Roo Min Jun  1 , Kyung Eun Han  1
Affiliations

Medical Litigations Associated with Cataract Surgery in Korea

Ji Yoon Kwak et al. J Korean Med Sci. .

Abstract

Background: To analyze the results of court rulings about medical litigations related to cataract surgery in Korea.

Methods: We collected 50 anonymized judgements regarding cataract surgery between 2000 and 2016 and analyzed the reasons for the medical litigations, the court rulings, the reasons for compensation, and the amount claimed and finally awarded.

Results: Forty-eight litigations (96%) resulted from errors in treatment, and the reasons were as follows: endophthalmitis, dissatisfaction of visual outcome or ocular discomfort, bullous keratopathy or corneal opacity, retinal detachment, glaucoma or vitreous hemorrhage due to the progression of an underlying diabetic retinopathy, and others in order. Two litigations (4%) arose due to errors in diagnosis. Among the 50 final cases, 21 litigations (42%) were decided in favor of the plaintiff, and 29 litigations (58%) were decided against the plaintiff and dismissed. Ten cases awarded damages to the plaintiffs because of a violation of duty of care, and 11 cases awarded damages due to a violation of informed consent. When comparing cases with errors in diagnosis to cases with errors in treatment, there was no significant difference in the relative risk of a defendant's verdict (P = 0.503). The total amount of awarded damages was KRW 439,124,496 (USD 399,204), and the average amount was KRW 20,910,690 (USD 19,010).

Conclusion: Nearly half of the cases were decided in favor of the plaintiff due to the violation of informed consent. This study's results will be helpful in understanding the results of medical litigations regarding cataract surgery and reducing future lawsuits.

Keywords: Cataract Surgery; Medical Disputes; Medical Litigations; Ophthalmology; Violation of Duty of Care; Violation of Informed Consent.

PubMed Disclaimer

Conflict of interest statement

Disclosure: The authors have no potential conflicts of interest to disclose.

Figures

Fig. 1
Fig. 1. Distribution of amount of damages according to the type of violation.
See this image and copyright information in PMC

References

    1. Lee BS. Medicolegal pitfalls of cataract surgery. Curr Opin Ophthalmol. 2015;26(1):66–71. - PubMed
    1. Bhan A, Dave D, Vernon SA, Bhan K, Bhargava J, Goodwin H, et al. Risk management strategies following analysis of cataract negligence claims. Eye (Lond) 2005;19(3):264–268. - PubMed
    1. Ali N, Little BC. Causes of cataract surgery malpractice claims in England 1995–2008. Br J Ophthalmol. 2011;95(4):490–492. - PubMed
    1. Alio JL, Kaymak H, Breyer D, Cochener B, Plaza-Puche AB. Quality of life related variables measured for three multifocal diffractive intraocular lenses: a prospective randomised clinical trial. Clin Exp Ophthalmol. 2017 - PubMed
    1. Chen X, Zhao M, Shi Y, Yang L, Lu Y, Huang Z. Visual outcomes and optical quality after implantation of a diffractive multifocal toric intraocular lens. Indian J Ophthalmol. 2016;64(4):285–291. - PMC - PubMed