Infant blindness case could proceed based on medical expert's report

March 22, 2014

To prove medical malpractice, a patient often will need the opinions and reports of medical experts. These experts generally will provide a report which discusses the applicable standards of care in an area and how the health-care providers failed to meet those standards.

In addition, the report must establish "causation"--that is, the relationship between the health-care provider's failure and the injury to the patient. Enough key facts, including information related to causation, must be included in the report for it to be valid, or else the health-care provider may argue that the report is inadequate and attempt to dismiss the case.

Pediatrix Medical Services Inc. v. De La O provides an example of a Texas Court of Appeals case in which the health-care providers attempted to avoid liability by attacking a medical expert's report in this way.

An infant suffers full blindness in one eye

The infant in this case was born prematurely at 24 weeks. This put the infant at risk for developing Retinopathy of Prematurity, a disease involving scarring or retinal detachment in the eyes. Her parents were referred to an ophthalmologist--an eye specialist--for ROP screening.

On four separate occasions, a nurse practitioner took imaging photographs of the infant's eyes during appointments, which indicated pre-threshold ROP requiring prompt treatment. However, according to the ophthalmologist, he never received the images. After surgery, the infant was blind in her right eye and had severe vision impairment in her left eye.

The parents brought suit for medical malpractice against a number of parties and submitted expert reports to support their case. The health-care providers objected to the sufficiency of the expert reports, among other issues, and specifically argued one report failed to address causation. The defendants moved to dismiss the case on that basis. The dispute over the expert reports led to an immediate appeal on this issue, prior to the case proceeding.

Did the report show the providers "caused" the injuries?

The health-care providers did not attack the expert's report based on the doctor's qualifications, but, instead, contended that the report failed to establish causation, including the relationship between the ophthalmologist not receiving the retinal images and the infant's near blindness.

The Texas Court of Appeals noted that the expert's report did set out the causal relationship between the health-care providers' failure and the harm the infant suffered as a result. The report discussed the duty of the providers to ensure a second follow-up exam occurred after an earlier untimely exam. If this earlier exam had occurred, the infant could have received earlier preventative care. Instead, the infant's condition worsened.

The doctor identified what conduct the providers should have engaged in and what happened when they failed to engage in that conduct. The report also adequately linked the facts to the acts that caused the injuries.

Thus, the doctor's report was sufficient to establish causation related to the diagnosis error, and the infant's lawsuit could proceed.

Building your case

If you believe that a health-care provider's error in diagnosing your illness resulted in injuries to you or a loved one, you should immediately consult with an experienced medical malpractice attorney. Seek a firm that has a network of professional medical consultants who can review your circumstances and build a strong case to hold those responsible for your injuries accountable.

Article provided by Hampton & King
Visit us at www.hartleyhamptonlaw.com