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Related Experiment Video

Updated: Dec 19, 2025

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Malpractice Litigation in Vitreoretinal Surgery and Medical Retina.

Stephanie B Engelhard, Grant A Justin, Ingrid E Zimmer-Galler

    Ophthalmic Surgery, Lasers & Imaging Retina
    |June 9, 2020
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    Summary

    Vitreoretinal surgery and medical retina malpractice litigation frequently involve complex cases like retinal detachment, with jury awards significantly higher than settlements. Most cases favor defendants, but plaintiff verdicts can reach millions.

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    Area of Science:

    • Ophthalmology
    • Medical Law
    • Retina Surgery

    Background:

    • Vitreoretinal surgery and medical retina treatments carry inherent risks due to complexity and potential for vision loss.
    • Malpractice litigation in ophthalmology, particularly vitreoretinal cases, warrants detailed analysis of causes and outcomes.

    Purpose of the Study:

    • To analyze the causes and outcomes of malpractice litigation specifically related to vitreoretinal surgery and medical retina cases.
    • To identify common scenarios leading to litigation and evaluate resolution trends, including jury awards and settlements.

    Main Methods:

    • A comprehensive review of the WestLaw database was conducted for all U.S. vitreoretinal malpractice litigation from 1930 to 2014.
    • 142 retina-specific cases were identified and analyzed for litigation causes, resolution methods, and financial awards.

    Main Results:

    • The majority of cases (64.1%) were resolved in favor of defendants.
    • Retinal detachment (46.5%) and retinopathy of prematurity (9.2%) were the most frequent conditions leading to litigation.
    • Plaintiff verdicts from jury trials averaged over $5.2 million, significantly higher than settlement amounts.

    Conclusions:

    • Treating vitreoretinal conditions is high-risk, contributing to frequent malpractice claims.
    • The potential for substantial financial awards in plaintiff verdicts underscores the significant risks associated with vitreoretinal malpractice litigation.