Question

A patient in her mid-twenties saw an ophthalmologist for a routine eye exam. Due to her young age, a glaucoma est was not performed. She later was diagnosed with glaucoma and sued the ophthalmology group, alleging negligence in failing to preform a glaucoma test. The defense argued hat the standard of care was to not administer the test to patients younger than 40 because the instance of glaucoma at younger ages was rare. Which of the following statements do you think best describes the applicable standard of care in this case?
1. The defense should prevail because the reasonable, customary, and prudent course of action followed by practitioners in the same or similar circumstances would be the same.
2. The plaintiff should prevail because all patients should be protected against glaucoma, regardless of age.

Answer 1

1. The refund should prevail because of the reasonable customary and prudent course of the action caused by the practitioners in the same or similar circumstances would be the same.