Early in the COVID-19 pandemic, many optometric practices were shut down. Now, optometrists are seeing patients in their practices again, though, in some areas of the country, on a limited basis. While this may be necessary, seeing patients in practice on a limited basis can put O.D.s at risk for malpractice. The reason: Failing to communicate with patients and failing to treat or refer them to other practitioners, if needed, can lead to negligence or patient abandonment claims.

RESUME COMMUNICATION

During this chaotic time, some high-risk patients, such as those who have glaucoma or AMD, may have fallen off our schedules or recall lists for various reasons. However, regardless of the state of the pandemic, we are responsible for our patients and, thus, must take measures to communicate with patients to ensure they are getting the care they need.

CREATE A PATIENT LIST

I suggest we generate a list of patients who have high-risk diagnoses and are due for a visit. Next, we should evaluate each patient’s level of risk for progression and then devise a plan to get those patients in to the office. This plan could be as simple as having a team member reach out to patients to get them scheduled for an exam.

When it comes to glaucoma patients, as an example, a total of 63% say they are comfortable returning to their eye doctors’ offices, assuming certain precautions, such as face masks and less crowded waiting rooms, are in place, according to The National COVID-19 Glaucoma Impact Survey. The survey, comprised of 1,051 patients, was commissioned by the Glaucoma Research Foundation and supported by Aerie Pharmaceuticals.

If the patient expresses concern about coming into the practice, because of their risk of exposure to COVID-19, we should consider offering early morning appointments prior to regular exams and educate these patients on our practice’s protocol for safely treating patients, while minimizing their risk of exposure to the virus.

KEEP A RECORD

All of this should be documented thoroughly in the concerned, high-risk patient’s chart. If the patient refuses to come in to the office, we should send them a certified letter, which provides education on their diagnosis and risk of disease progression if their condition is not monitored correctly.

Finally, we should retain a copy of this letter in the chart and keep them on a list of high-risk patients, so they are not lost to follow-up. OM

Disclaimer: The information in this article is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. The information contained in this article is not legal advice, and it is not intended to be a substitute for legal counsel on any subject matter. No reader of this article should act or refrain from acting on the basis of any information included in, or accessible through, this article without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

DR. GILBERT-SPEAR is the founder and director of The Visual Performance Center and is a consultant and speaker with various eye care companies. She is also a partner at Pacific Apex Law Group, LLP, where she focuses her practice on Health Care and Life Sciences.