Ophthalmic Materials Liability

Question 1

MATERIALS LIABILITY

Answer 1

negligence
* failure to conform to the expected standard of care under similar or same circumstances
product liability
* demonstrate failure in product to perform according to standards (defective)
* product responsible for causing the injury
* manufacturer, distributor, supplier or retailer may be held responsible

Question 2

NEGLIGENCE

Answer 2

*duty to provide due care
*follow conduct to minimize harm to patient
*breach of standard of care
*act prudently and use reasonable skill and
knowledge
*injury (presence)
*proximate cause
*the primary cause of the injury (if it were
not for the cause, injury would not have
occurred)

Question 3

examples of negligence

Answer 3

*failure to prescribe lens material of choice
*failure to warn of the risk of injury from alternative lens materials
*failure to inspect and verify lens order

Question 4

MATERIAL OF CHOICE

Answer 4

*failure to recommend the most impact
resistant lens material (polycarbonate and/or
Trivex)
*candidates potentially at greater risk (children, athletes, monocular patients, occupations at risk, physically active)
*document recommendation and patient’s decision
*Prop 65 warning (BpA)

Question 5

PRODUCT LIABILITY

Answer 5

*a product transferred or prescribed to the
patient by practitioner, hence practitioner
typically sued along with manufacturer
*held to certain legal standards with regards
to the safety of the product
*product liability and negligence are two
separate issues
*General product liability–relates to the
product defect causing harm
* strict liability or absolute liability (no
exceptions); product is used as intended
resulting in injury
*burden of defective product on producer
*manufacturer is liable as a matter of law
whenever a consumer is injured due to a
defect in the product

Question 6

PRODUCT LIABILITY LITIGATION

Answer 6

General product liability
* Manufacturer defect
* Design defect
* Marketing defect: relating to instructions or warnings on proper use of product

Strict product liability negligence
* Duty
* Breach of duty
* Cause
*injury

*alleges that defect in lens or frame resulted
in the dangerous use of the product for the
intended purpose and hence the injury

Question 7

DOCTRINE OF INFORMED CONSENT

Answer 7

*practitioner obligated to explain differences in
various lens materials
*patient acknowledges that he has been informed,
elects to choose a different material
*patient signs informed consent
* informed of warning
* aware of reduced impact resistance
* voluntarily chooses less impact resistant material
* keep in patient’s file forever

Question 8

FAILURE TO WARN

Answer 8

*potential reasonable risk for injury
*advise patient of differences in impact
resistance among various lens materials

Question 9

FAILURE TO INSPECT

Answer 9

*legal obligation to inspect ophthalmic lab orders
*correct prescription, meeting ANSI Z80.1 standards
*lens material as ordered
*coating as requested
*tint as ordered
*check lens surface, lens bevel, lens edges
*lenses properly mounted
*proper frame, specifications

Question 10

FRAME LIABILITY

Answer 10

*sue for negligence as related to frames
*idiosyncratic responses
*allergic reaction—skin rash, irritation
*poor adjustments–skin irritation
*improper safety frame
*do not mix safety frame with dress safety lenses or vice versa (Z87.1)
*improper sports frame
*use frames as recommended by ASTM for designated sport (ASTM F803)

Question 11

DUTY TO WARN

Answer 11

*introduced by OLA (1987)
*practitioner must properly inform patient of different lens choices
*all dispensed eyewear must be
accompanied by a “Eyeglass Safety Warning”
*not the law
*potentially negligence issue