Exposing the LASIK Scam

One Surgeon at a Time
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 Post subject: Avoiding LASIK lawsuits
PostPosted: Tue Apr 25, 2006 11:24 am 

Joined: Thu Nov 24, 2005 9:06 pm
Posts: 297

Technology, industry cooperation heralded by new ASCRS president

Michelle Dalton


Avoiding lawsuits after performing LASIK and patient selection for refractive surgery highlighted the debate for the refractive teams during the Challenge Cup presentation.

The debate pitted the Juris Prudes against the Really Not Ready for Prime Time Players.

Marguerite B. McDonald, MD, as the late Johnnie Cochrane, led the Juris Prudes, while Eric D. Donnenfeld, MD, took over for Kerry D. Solomon, MD, to lead the Prime Time Players. Dr. Solomon has been recovering from recent back surgery, Dr. Donnenfeld said.

Dr. Donnenfeld implored the audience to vote for his team: ?A vote for us is a vote for Kerry,? he said. During the voting process, Dr. Donnenfeld?s team held placards which read ?Help Kerry Walk,? insinuating a win in the debate would help Dr. Solomon?s back surgery recovery process.

The Juris Prudes ? Stephen D. Klyce, PhD, as F. Lee Bailey; Helen K. Wu, MD, as Alan Dershowitz; R. Doyle Stulting, MD, PhD, as retired Supreme Court Justice Sandra Day O?Connor; and Richard F. Callaway, MD, as Perry Foreman ? advised the audience on how to avoid LASIK lawsuits. Among the advice: do not deviate significantly from the informed consent documents readily available.

?Don?t create a higher standard for yourself than you need to,? Dr. Callaway said.

Dr. Klyce recommended that surgeons learn to identify the ?hallmarks of an abnormal cornea? and to look at both eyes when deciding on whether to operate. Dr. McDonald advised surgeons to ?just say no? when debating whether to perform surgery on patients with an abnormal topography.

The Prime Time Players were Robert J. Cionni, MD, Stephen G. Slade, MD; Steven J. Dell, MD; and John F. Doane, MD. The said patient selection is key to safe refractive surgery, and the group presented a skit in which a ?Nervous Nelly? patient wants to have presbyopic IOL implantation.

Drs. Slade and Cionni played devil and angel trying to sway Dr. Dell about the potential ramifications of performing the surgery. The core message: Refractive lens exchange patients tend to be more anxious about undergoing surgery than other refractive surgery candidates.

Attendees determined that the two refractive groups presented equally useful information. Moderator Roger F. Steinert, MD, declared both teams winners, and noted that this marked the first time in Challenge Cup history there had been a tie.


"What concerns me is that if the person informing the patient is themselves poorly or inaccurately informed then how on earth can consent ever be truly informed?" Dr. Sarah Smith

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