Professional Negligence Law Reporter

Ophthalmologist Roe allegedly recommended that 63-year-old Karen Seybert, a longtime wearer of hard and rigid gas permeable contact lenses, undergo bilateral cataract surgeries. The physician obtained measurements for the surgeries that day, allegedly telling Seybert that the measurements would be good for whenever she decided to have the procedures. Seybert later underwent cataract surgery on her right eye. At her first postoperative visit with Roe, it was revealed that Seybert was now far-sighted in her right eye—an unintended outcome. Roe allegedly told her that she would be able to see with glasses.

Approximately a week later, Seybert underwent surgery on her left eye. The result of this also was unintended, and Seybert began to suffer headaches, nausea, and uneven visual images. She consulted several specialists and was told that she had a four-diopter difference between her eyes, which caused her to see objects at two different sizes and orientations. Her vision improved somewhat after corrective surgery several years later.

Seybert sued Roe and her employer, alleging improper performance of the cataract surgeries and failure to obtain accurate measurements. The plaintiff asserted that as a wearer of gas permeable contact lenses, which affect the shape of the cornea, she should have been instructed to stop wearing her lenses for a period of time before the surgeries and undergone repeated measurements until she achieved duplicate results. The plaintiff also claimed that Roe did not have adequate indications to perform cataract surgery and should have sent her to a specialist who could have performed an intraocular lens exchange after the first surgery. Suit did not claim lost income.

The plaintiff reached a structured settlement with Roe and her employer for approximately $187,000. A claim with the Indiana Patient’s Compensation Fund led to an additional settlement for $300,000.

Citation: Seybert v. Indiana Patient’s Comp. Fund, 49D14-1909-CT-037415 (Ind. Super. Ct. Marion Cty. Apr. 29, 2020).

Plaintiff counsel: Mary A. Findling, Indianapolis; and AAJ member Thomas E. Hamer, Anderson, Ind.