Even when lawsuits are settled (which, more often than not, they are), the settlement often doesn’t take place until after the period of discovery. “Discovery” is the pre-trial stage of a lawsuit, when each party can request documents, interrogatories (written answers to questions), depositions (oral questioning of a witness under oath), and other evidence. Discovery procedures promote the settlement of a lawsuit prior to trial by providing the parties with opportunities to analyze the facts and evidence before proceeding to trial.
Although there was a written protocol in place for how to administer the intraocular injection, Dr. M neglected to look at it. He neglected to refresh his memory on how to conduct the procedure, and he assumed that he remembered how to do it.
Healthcare practitioners have to perform numerous and varied procedures and it’s unlikely that every aspect of each one is committed to memory. Had Dr. M simply reviewed the protocol prior to administering the injection, this terrible error could have been avoided. Even in today’s busy world, taking a few moments to review a procedure that you are about to perform is nothing short of common sense.