Entering blindness due to forgotten intraocular pressure measurement

OLG Hamm: Trainee receives 80,000 euros for impending blindness
(Jur). If an ophthalmologist disguises an intraocular pressure measurement in a patient despite progressive deterioration of the visual performance, this can be expensive. Because so that a so-called green cataract with an impending blindness recognized far too late, there is a gross Befunderhebungsfehler, for which compensation is due, the Higher Regional Court (OLG) Hamm decided in a Tuesday, 31 May 2016, announced judgment (Az. : 26 U 107/15). It was awarded to a 19-year-old apprentice now 80,000 Euro pain and suffering.

The young woman has been suffering from diabetes since the age of ten and is at higher risk of vision damage. When the woman visited her ophthalmologist several times after the summer holidays in 2008 due to progressive deterioration of her vision, the real reason was not recognized. Even until the last treatment in February 2009, the ophthalmologist did not perform the required intraocular pressure examination.

Forgot intraocular pressure measurement. Picture: jyleken - fotolia

Only in March 2009 was the patient diagnosed with an emergency admission to the municipal clinic in Bielefeld a green cataract. The optic nerve is irreparably damaged because of increased pressure in the eye. As a result of the disease, the woman's vision in both eyes deteriorated from 60 to only 30 percent. Most likely, the woman has to expect premature blindness.

From her ophthalmologist, she therefore demanded a fine of 80,000 euros. It constitutes a gross error of finding that no intraocular pressure measurement and no visual field measurement were performed on it, according to the applicant. In an earlier diagnosis, the intraocular pressure could have been reduced by medication. The deterioration of vision might have been significantly lower.

While the district court of Bielefeld awarded the plaintiff a partial pain in the amount of only 25,000 euros, the OLG increased the payment now to a total of 80,000 euros. The ophthalmologist had grossly incorrect the necessary intraocular pressure measurement omitted. Because of the late treatment of her Green Star, the still young plaintiff had been deprived of the opportunity "to lead an adequate life," the judgment of 10 May 2016 continues.

Not only is she restricted in sports activities, she can not drive a car either. In addition, she could only take jobs according to her limited vision. After all, she must live with the certainty that she would most likely go blind during her lifetime. All this justified the high payment of compensation for pain, the OLG explained. fle / mwo