Ophthalmology in Court: evaluation of sentences according to The Justice Court of Sao Paulo - Brazil

Abstract

Ophthalmology is a medical specialty that involves clinical and surgical treatment for a broad spectrum of pathologies, and it is at risk of being subjected to legal proceedings of various kinds. These lawsuits against ophthalmologists and medical organizations range from complaints about prescription glasses to the results of complex surgical procedures. The aim of this study was to assess the lawsuits related to medical error in the ophthalmology field judged on appeal by the Justice Court of São Paulo, Brazil (TJ-SP) through an online data search of second instances of sentences available between 01/01/1997 and 09/30/2014, using the terms “ophthalmologist” and “medical error”. The result was a total of 100 cases, 55 of which were included in the study of interest. All lawsuits had the charge of malpractice; 91%, involving surgical procedures. In 61.8% of the judgments, the complainant alleged blindness and 23.6% aesthetic damage. In most cases, there was a forensic exam, and the judge’s decision was based on the forensic exam report 86% of the time. Regarding the results of court decisions, 81.8% of applications were rejected on appeal, 9.1% were granted and 9.1% were granted partially. The data presented showed, among other finding