Tamara Burns  |  May 5, 2017

Category: Consumer News

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blindness from retinopathy of prematurityA condition called retinopathy of prematurity can be the cause for premature baby blindness and doctors have been held responsible for making sure infants at risk receive proper care.

Medical malpractice claims against ophthalmologists who fail to properly follow up on premature infants at risk for retinopathy of prematurity are rare, however, the indemnity payments are quite significant, the Opthalmic Mutual Insurance Company reports.

These high payouts are due to the young age of the children in question and the significant loss of vision that results from the mismanagement of the professional.

Retinopathy of prematurity, or ROP for short, is a significant condition that can lead to premature baby blindness. The condition can potentially affect babies born at 31 weeks of gestation or less and affects babies who weigh approximately 2 ¾ pounds.

ROP is one of the most common causes of premature baby blindness and affects both eyes.

The condition is caused by abnormal blood vessel growth in the retina, the part of the eye that senses light. These blood vessels can leak and then cause scarring on the retina’s surface which cause it to pull away from its normal position.

This pulling away can lead to a retinal detachment which is the mechanical cause of premature baby blindness.

Retinopathy of prematurity affects approximately between 14,000 and 16,000 babies each year, with 1,100 to 1,500 of these infants having a more advanced form of the disease requiring treatment. Fortunately, thousands of babies are able to grow out of the condition, but approximately 400 to 600 babies each year suffer from permanent premature baby blindness.

Most cases of retinopathy of prematurity are correctly diagnosed, however if there is a case that is not properly followed up on or if the infant is misdiagnosed, this can lead to permanent vision loss because the baby was not able to be properly treated for the disease.

According to the OMIC, in its seven years of business, 4.5% of the claims have involved ROP. The insurance company stated that their doctor, Jerome W. Bettman Senior, M.D. stated that “the risk of suits against ophthalmologists has increased with the rise of cryotherapy” which is a treatment for the disease.

The doctor also noted that “an important factor in these claims has been a lack of adequate communication.”

The insurance company’s website details three cases of ROP that were presented claims. In the first claim, there was a delay in referral of the infant with ROP, and the baby was diagnosed at Stage I to Stage II in both eyes.

A few weeks later, the ophthalmologist stated that the condition was progressing and upon discharge, told the parents that they should seek the advice of a retinal specialist.

When the parents called to make the appointment, they did not state there was any urgency, and when the baby was seen at 5 months, he had Stage IV ROP. One retina completely detached and he experienced severe vision loss in the other eye as well.

OMIC stated that when patients are referred to another doctor, the physician should help in setting up the appointment and that the responsibility for making an appointment should not rest solely on the parents.

In another case, a baby girl was examined at two months for ROP, but the general ophthalmologist who examined the baby’s eyes was not a specialist and advised the parents to return in six months. At four months of age, the parents visited a retinal specialist, and the baby had already progressed to a Stage V ROP and the child became blind.

In a third case, a baby was examined by an ophthalmologist at one month of age, who diagnosed Stage  ROP in the baby and two week follow-up.

The baby became ill with an unrelated disease and had to be transferred to another hospital, and in the process, was lost to follow-up for ROP. The baby was evaluated for ROP again at four months of age, but was at Stage V ROP with retinal detachments.

In general, parents who have premature babies should be on the lookout for ROP by consistently communicating with hospital staff about the potential diagnosis.

For those parents whose babies were already diagnosed with ROP and there was suspicion of malpractice, from failure to diagnose, delay in diagnosis, or lack of follow-up care, legal action may be taken.

An experienced attorney can provide a no-cost, no-obligation consultation to parents dealing with potential mismanagement of premature baby blindness.

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