Legal issues in contact lens practice with special reference to the practice of orthokeratology

Abstract

This report aims to encourage optometrists to reflect on the legal implications of clinical contact lens practice, with particular reference to the practice of orthokeratology (ortho-k), which has seen a recent revival of interest. A patient may claim compensation if an optometrist is negligent by breaching his duty to exercise reasonable care and skill in diagnosis, advice or treatment. However, the optometrist will only be liable for reasonably foreseeable harm to the patient, so practitioners need to be fully aware of the foreseeable risks. Failure to adequately inform the patient may lead to a claim for negligence, if disclosure of the risks would have influenced the patient's decision to undergo or forego the procedure. It is important that the professional bodies establish guidelines on acceptable practice, with particular emphasis on the provision of information to patients. Reasonable disclosure, use of appropriate information/consent forms, and proper documentation of cases, should all focus on the needs of, and benefits to, patients.

BCLA CLEAR - Orthokeratology

“…However, many are non-significant adverse events which would usually resolve without any permanent impact on vision [140]. The risk of MK with overnight ortho-k has been estimated to be similar to other overnight modalities [138], and it is important for ECPs to fully disclose the potential risks that may influence patients/adult caregivers' final decision to undergo ortho-k treatment [203], including the higher frequency of aftercare and common complications in ortho-k wear. An example of an informed consent document is included as an online appendix.…”

“…As ortho-k and some other myopia control interventions are not without risk, ethical and legal considerations must be taken into account and treatment recommendations justified [24,135,136,152,203]. Some researchers have advocated for pre-myopia treatments [267], however, not all myopic children will develop high myopia [268].…”