Do I need E&O Insurance? (errors and omissions)

**Ineed Chocolate** · 01-08-2008, 03:18 PM

I am a licensed optician in the state of VA and I am wondering if anyone else (in VA or elsewhere) carries any E&O Insurance? I recently had a situation where a slab off was prescribed for a patient and since it is not available in poly (it was a drill mount) by lab did not make it with the slab off. Unfortunately, I did not catch it in the final insp process. The woman has now come back with (her FIRST) complaint about her vision SEVEN months after the fact (not that it is HER fault by any means; I just thought she would have come back sooner, that's all). She is threatening to have my license. Any feedback? I am really angry with myself.:angry:

**npdr** · 01-08-2008, 03:21 PM

Do you own your own home?

**CME4SPECS** · 01-08-2008, 03:34 PM

Originally Posted by Ineed Chocolate

I am a licensed optician in the state of VA and I am wondering if anyone else (in VA or elsewhere) carries any E&O Insurance? I recently had a situation where a slab off was prescribed for a patient and since it is not available in poly (it was a drill mount) by lab did not make it with the slab off. Unfortunately, I did not catch it in the final insp process. The woman has now come back with (her FIRST) complaint about her vision SEVEN months after the fact (not that it is HER fault by any means; I just thought she would have come back sooner, that's all). She is threatening to have my license. Any feedback? I am really angry with myself.:angry:

Why was it not available in poly?

**tmorse** · 01-08-2008, 03:48 PM

Originally Posted by Ineed Chocolate

I am a licensed optician in the state of VA and I am wondering if anyone else (in VA or elsewhere) carries any E&O Insurance? I recently had a situation where a slab off was prescribed for a patient and since it is not available in poly (it was a drill mount) by lab did not make it with the slab off. Unfortunately, I did not catch it in the final insp process. The woman has now come back with (her FIRST) complaint about her vision SEVEN months after the fact (not that it is HER fault by any means; I just thought she would have come back sooner, that's all). She is threatening to have my license. Any feedback? I am really angry with myself.:angry:

Every licensed Optician in Canada is required to carry $1,000,000.00 Errors & Omissions Liability Insurance in case of Optician negligence resulting in physical harm. This matter sounds like a matter of contract under VA's Sale of Goods Act (or equivalent). You failed to fill the Rx properly and you owe her an apology and a re-do.:finger:

**Ineed Chocolate** · 01-08-2008, 03:53 PM

Originally Posted by CME4SPECS

Why was it not available in poly?

I was told by my lab that a flat top 28 was not available in a slab off. The RX is as follows: OD: -2.00 +1.00 X 40...OS: -4.00 +.50 X 30 with an add power of +2.50 OU. The original RX specified a slab off on the OD and I explained to the Dr. that it would have to be a reverse slab off on the OP, if that's what he really wanted, but that that wouldn't work because of yada yada yada...so I ordered the slab off on the OS, since that was the "most minus, least plus" lens. It's a Silhouette drill mount. And to answer the previous post, no, I do not own my home. I just got married and the house is still in my new husband's name. We were going to put me on the deed, but, heck, maybe now I should wait awhile to see if I get my pants sued off me?

**Ineed Chocolate** · 01-08-2008, 03:57 PM

Originally Posted by tmorse

Every licensed Optician in Canada is required to carry $1,000,000.00 Errors & Omissions Liability Insurance in case of Optician negligence resulting in physical harm. This matter sounds like a matter of contract under VA's Sale of Goods Act (or equivalent). You failed to fill the Rx properly and you owe her an apology and a re-do.:finger:

Of course, I apologized to her (not that I needed to be told by a judgemental reader who obviously did NOT read the part about how crappy I feel about the whole thing)... I am also making her a new pair of glasses, in addition to re-doing the glasses in question, and I am still re-doing them...now there is the issue with the poly/FT combo in a slab off.

**CME4SPECS** · 01-08-2008, 04:05 PM

Originally Posted by Ineed Chocolate

Of course, I apologized to her (not that I needed to be told by a judgemental reader who obviously did NOT read the part about how crappy I feel about the whole thing)... I am also making her a new pair of glasses, in addition to re-doing the glasses in question, and I am still re-doing them...now there is the issue with the poly/FT combo in a slab off.

The sooner you can get those glasses away from her the better off you are going to be. You better talk to another lab re: poly slab in rimless!

**Ineed Chocolate** · 01-08-2008, 04:14 PM

Originally Posted by CME4SPECS

The sooner you can get those glasses away from her the better off you are going to be. You better talk to another lab re: poly slab in rimless!

Yes, I agree...she turned in the glasses to me and I have a call into another lab. However, the licensing board in VA and the ABO doesn't do anything with (or even make referrals for) any E&O policies, which I think is very strange. Unless the company I work for is required to carry the insurance on it's employees (I asked the MD I work for, but haven't gotten an answer yet). Geesh, we SHOULD be required to carry insurance...even real estate agents have to carry E&O) Ins.

**CME4SPECS** · 01-08-2008, 04:21 PM

Let's just hope she's happy when the problem is resolved. It sounds like you are doing the right thing.

**tmorse** · 01-08-2008, 04:26 PM

Originally Posted by Ineed Chocolate

Of course, I apologized to her (not that I needed to be told by a judgemental reader who obviously did NOT read the part about how crappy I feel about the whole thing)... I am also making her a new pair of glasses, in addition to re-doing the glasses in question, and I am still re-doing them...now there is the issue with the poly/FT combo in a slab off.

My point was that E&O insurance doesn't come into it, and that you ONLY owe her an apology and re-do. SHEESH!!

**obxeyeguy** · 01-08-2008, 05:04 PM

The woman has now come back with (her FIRST) complaint about her vision SEVEN months after the fact (not that it is HER fault by any means; I just thought she would have come back sooner, that's all). She is threatening to have my license.

Hmmm, after 7 months she returns and says " you left out my slab off!" ??? What were her complaints, and did she expect to get a slab? Right now, you are guilty of nothing, except being human. No physical harm done, she didn't fall down the stairs. Somehow I get the feeling that you admitted your error to her, and that is what got her so upset. I might have done the same, but threaten to get my license, conversation over. I would offer to correct, and thats it.

**rbaker** · 01-08-2008, 05:58 PM

You should determine and implement your insurance needs before you have an occurance. Your original question, at this point in time, in moot.

**thep** · 01-08-2008, 06:07 PM

Just wondering, when did the lab assume the ability to adjust an RX based on avalibility?? Without authorization?

**abocandy** · 01-08-2008, 10:58 PM

Originally Posted by obxeyeguy

Hmmm, after 7 months she returns and says " you left out my slab off!" ??? What were her complaints, and did she expect to get a slab? Right now, you are guilty of nothing, except being human. No physical harm done, she didn't fall down the stairs. Somehow I get the feeling that you admitted your error to her, and that is what got her so upset. I might have done the same, but threaten to get my license, conversation over. I would offer to correct, and thats it.

7 months???
The lab should remake them at no charge.
take the old lenses from her, dispense the new and give her a free cleaner.

**Ineed Chocolate** · 01-08-2008, 11:26 PM

Originally Posted by tmorse

My point was that E&O insurance doesn't come into it, and that you ONLY owe her an apology and re-do. SHEESH!!

Sorry, I think this whole situation with this particular customer has me a bit on edge.

I have been in the business for over 20 years and have never had a problem, as I have always taken a great deal of pride in my work by doing my utmost best whlie maintaining a high level of professionalism. To answer a few of the replying posts, the customer found out about the slab off when she came back for a Dr's check on her glasses (without coming to me first) because she said she had been "suffering with trying to read with them for 7 months." I work for an MD, he is the one who prescribed the slab off (and had it written on the RX, even though he wrote it for the wrong eye). When the lady saw him for her app't and complained, the Dr. came to me (you know, poop rolls downhill and that sort of thing) and had a negative tone with me, while asking me WHY there was no slab off on her OD lens when he prescribed it that way. So, even if I had not admitted my mistake to him, he told HER about it and then she came to me angry, etc...But, yes, I did admit that there was no slab off on the lens. I have since talked to her earlier this evening and she has calmed down a bit. Of course, I still haven't found any E&O Insurance (although the state of VA and MD both say my employer must carry me on a policy of theirs). Since this is the first time with an issue, I don't want to be unprotected in the future, should I ever happen to make another mistake again (and, yes, I will, I'm sure, because I AM only human, as someone stated, and thank you for that!) THank you for all your help and info, and insight, and thank goodness for Optiboard where we can ask these tings and get assistance.

**Ineed Chocolate** · 01-08-2008, 11:36 PM

Originally Posted by thep

Just wondering, when did the lab assume the ability to adjust an RX based on avalibility?? Without authorization?

I think the lab just dropped the ball altogether on it. I mean, if I had ordered something that was NOT available, then they should have called me, but I think they just didn't add the slab off due to an oversight. They admitted their mistake and are re-making the job, of course, at no charge.

**gemstone** · 01-08-2008, 11:55 PM

As long s there are John Edwards types around, you need E and O insurance.

**rbaker** · 01-09-2008, 12:24 AM

And, you need your own insurance. While some state law may require your employer to provide you with insurance it is prudent that you carry your own. I might add that this also applies to your health insurance, disability insurance and your retirement planning. Do not rely on someone else to look out for your butt, There are too many snakes out there and you may find yourself in a life altering situation because you thought that your employer or the guvmint was going to look out for your welfare.

I have a close friend who is a retired Delta Airlines Captain and his entire pension and health insurance is in jeopardy. If Delta backs out on his retirement package ($135,000.00 a year) he is going to be forced to spend his golden years playing municipal golf courses.