Legal/Ethical Question concerning Optometrist

[PRS Guy]

I will keep this as generic as possible and will keep names confidential. Last year the Optometrist I work for had a head injury and suffered a stroke.The Doctor has had plenty of ups and downs. Recently he has made some improvement but still has a long way to go...the doctor and his wife are in denial; They think he's ready to come back and see patients--but there is some damage there. Memory, math and numbers as well as other "deficits". Here's my question...what is my responsibilty as well as other Optometrists responsibilty? I don't want to report him to the State Board and I can't just quit my job. I feel its not fair to the patients as well as to the staff for him to continue to practice. OK, so what would my fellow ECP's do in this situation??What are your thoughts? Thanks to all for their opinions.

[scriptfiller]

Pray for him.

If HIS MD had cleared him to return, then let it be. IF the staff notices anything out-of-the-ordinary, then it's time to have a little talk.

Can't go around reading books by their covers.

[marktheeyeguy]

If he is truly having those types of problems. It will become very evident in his work product. It will only be a matter of time before something will have to change. In other words, support him, help his family, and let it all work itself out without interfering. Most important, treat him and the situation the way you would ultimately want to be treated if it was you in that position. Step up, be a blessing, and sew some good seeds. You will ultimately reap a great harvest. You can't go wrong doing what is right. Some people call this karma. I just call it God's law.

[rbaker]

If there are other OD's in the practice it would be their place to make the decision on the imparement of the poor old boy and what action should be taken. There really is no compelling reason for you to intervene. If he is the sole OD then there is still no compelling reason for you to intervene. Just cover for him as best you can, let nature take it's course and update your resume.

[Robert_S]

This is a really difficult situation for you to be in. I know because I've been in a similar position myself. We had an Optom who was in his time comfortably one of the best and most recognized in this country. Unfortunately, time was clearly catching up to him, and it was painfully obvious that he wasn't fit to work anymore, to the detriment of our patients. But how do you tell someone not to work when their job is their life? With his wife dead, all he had left was his profession, that he was so proud of. This went on - not for years, but for too long - until he had some medical issues which forced him to stop. Once he retired, he was in a care home within three months. It was clear that working was the only thing keeping him going.

My point is that denying someone the chance to work, contributing to society in a profession they love, is something you don't ever want to do, even if it is the right thing to do. So I sympathise with you. You're right that it isn't fair on the patients though.

[Craig]

Who of your patients, family or friends should go see the guy who no longer has the ability to do a good job? It is time to do what is right and not allow any dr. who is not 100% to avoid patients!
This is the legal, ethical and moral thing to do; this is God's way, not allowing him to send patients out the door with poor results. I could not sleep knowing I allowed an no longer qualified OD to see patients on my watch.

Craig

[Robert_S]

Who of your patients, family or friends should go see the guy who no longer has the ability to do a good job? It is time to do what is right and not allow any dr. who is not 100% to avoid patients!
This is the legal, ethical and moral thing to do; this is God's way, not allowing him to send patients out the door with poor results. I could not sleep knowing I allowed an no longer qualified OD to see patients on my watch.

Craig

I agree Craig

[marktheeyeguy]

Unless you are a licensed professional qualified to make that determination you should mind your business. His doctor gave him clearence to practice. He holds a license, unless he is breaking the law. It is not illegal or against the law to hand out glasses rx that is not the best. It is not against the law to be slow, forgetful ect.. I had the oldest practicing OD in the US work with me. It was his passion. He was 92 when he laid in the hallway and passed on to the otherside in my office. No, he wasn't perfect, yes, he was slow, yes, he was forgetful but people loved him and he lived to work. Be a friend, a good person, help them, encourage them, support them until they break the rules. Don't be a jerk! Again, treat others the way you would want to be treated. Step up and be the bigger person.

[MikeAurelius]

Get a copy of one of the written tests for OD's from a previous year. Ask him to take it. If he scores at least 70% then I'd say he's good to go. If he doesn't, then that, right there should tell HIM that he's not ready.

[Jubilee]

Could he have one of the more qualified techs act as a "scribe" for him in the exam room? This would help him work through some of those deficits, and allow you to have someone who can see how he does once in the "routine" of the job. Start with a light schedule for him, and ease into it.

[uncut]

Who of your patients, family or friends should go see the guy who no longer has the ability to do a good job? It is time to do what is right and not allow any dr. who is not 100% to avoid patients!
This is the legal, ethical and moral thing to do; this is God's way, not allowing him to send patients out the door with poor results. I could not sleep knowing I allowed an no longer qualified OD to see patients on my watch.

Craig

Qualification, by your authority?!

Let's hope you never stroke out in your office, like a dear 30 year old friend of mine did. Five long years later, with therapy, encouragement, dignity, they now regained medical sanctioned ability to drive a car again, and be a quality member of the team.

Remember, you can recover from a stroke.

[Craig]

Qualification, by your authority?!

Let's hope you never stroke out in your office, like a dear 30 year old friend of mine did. Five long years later, with therapy, encouragement, dignity, they now regained medical sanctioned ability to drive a car again, and be a quality member of the team.

Remember, you can recover from a stroke.

My mother is a stroke victim and I would not want her working in any medical capacity. Does that make me a bad son or respectful of her limitations?

Please send all your patients to the stroked out doc. for the next five years until he recovers. I did not become an authority on his condition; I responded to how it should be handled based on a report that the od is not up to par in the workplace. READ THE POST!
Should any doctor be allowed to operate as well under your logic? What is acceptable to you for knowing a od is doing a bad job? I already refuse to fill some RX's until we trial frame them or get a new exam. I would not allow any staff member to come back to work until they are ready physically and mentally; this is called running a business and not putting patients in jeopardy because you feel bad the someone not ready to see patents, but wants to.

Do you also wait until your edger is really broken before fixing it or it is ok to also dispense glasses that are wrong and you know it?


Please take the emotions out and also any dr who is not ready to see patients until they are competent again.

[SharonB]

I have a totally different take on this - when a licensed professional is "impaired" in any way, the issue should be confronted and reported. I have been (as a patient) treated by two licensed dentists, and one MD who were all "impaired" by alcohol, drugs,health issues, or mental illness. In the case of the MD, he was later relieved of his license to practice. In the dentist's cases, their licenses were suspended until they went through treatment programs. Both licenses were eventually restored, but I never went back to them. I have also been involved in a number of OPD (Office of Professional Discipline) cases here in NY involving opticians. Some of them were pathetic (again mental illness, other health issues like senile dementia, alcoholism, drug use, etc.) I think sometimes we have to take on the mission to PROTECT THE PUBLIC. I have also found over the years that many practitioners are very reluctant to report their peers. I think that is a great dis-service to the profession and the consumer.

[Jason H]

He's got the right and the credentials to try it - if he's been cleared medically. You haven't much of a choice. But that doesn't mean you can't help. If you know your job as an optician you will certainly see some red flags if Doc is not on his game. There is nothing wrong with pointing out concerns - but give him the dignity of doing it in private. Check old rx's and if it doesn't make sense show him what your concerns are. Show him you can be an asset to responsibly prolonging his career and hopefully he will realize when he is incapable of continuing. Respect and honesty - you can't go wrong.

[Robert_S]

We have a duty of care to all our patients. That comes before anything else, even friendship.

[Johns]

Get a copy of one of the written tests for OD's from a previous year.

LOL!! ..and then ask him for a good referral for your next job interview! (your job search will begin as soon as you make your request for him to take a test!!!

Thanks for the post...it gave me my daily laugh!

[Jason H]

Amen Robert, but it need not be mutually exclusive. I'd prefer to satisfy both. Failing that, you're right.

[Robert_S]

You're right. The best solution of course is for him to be fully rehabilitated and to continue practising. I hope that's possible.

[Plausible]

Most all of the above replies are hillarious; telling your boss what he can or can't do.... yeah right. Telling your boss's wife what the boss can or can't do.... even better. One poster guess's on pupil heights for his on line orders and he points out a legal, ethical, moral obligation in his reply. Bottom line the Doctor is your boss, do what he says, do your job and nothing more. If you don't like it or feel uneasy working for him / with him start looking for new job. Bringing any of this up to the Doctor or his wife will as Johns says end up with you out on the street asap.

[LSUpaul20]

I agree with Sharon on this one. It's usually difficult to do the right thing at times, but we still have to do it. On the other hand, we are human, so we tend to have feelings that prevent us from doing the right thing all the time. If you honestly think he is "impaired" in any way and can no longer provide his professional services, I would speak to him first and confront him with the situation at hand. I would at least give him a chance to take some time off to recover and handle the situation. However, if he continues to live in denial and the patients are suffering from this, you should report it because you are involved either you like it or not. Standing by ignoring the situation is just as bad as him living in denial because you are allowing him to live in denial and continue provide that level of service to the patient. Again, it would be nice if you confront him and let him handle the situation prior to reporting him. (Disclaimer: This is only my personal opinion.)

I have a totally different take on this - when a licensed professional is "impaired" in any way, the issue should be confronted and reported. I have been (as a patient) treated by two licensed dentists, and one MD who were all "impaired" by alcohol, drugs,health issues, or mental illness. In the case of the MD, he was later relieved of his license to practice. In the dentist's cases, their licenses were suspended until they went through treatment programs. Both licenses were eventually restored, but I never went back to them. I have also been involved in a number of OPD (Office of Professional Discipline) cases here in NY involving opticians. Some of them were pathetic (again mental illness, other health issues like senile dementia, alcoholism, drug use, etc.) I think sometimes we have to take on the mission to PROTECT THE PUBLIC. I have also found over the years that many practitioners are very reluctant to report their peers. I think that is a great dis-service to the profession and the consumer.

[Jason H]

Actually, my optometrist is my employee. Mabye I see it differently. In any case I would want a relationship where I could express concerns and work together to solve problems.

[Chris Ryser]

Actually, my optometrist is my employee. Mabye I see it differently. In any case I would want a relationship where I could express concerns and work together to solve problems.

..............That clears the air. If he works for you, recommend him to take a few month off until he is fully recuperated and find a temporary replacement to replace him during this time. You and your business have the right to supply and sell perfect products, or you will suffer long term damage to your business.

[MikeAurelius]

LOL!! ..and then ask him for a good referral for your next job interview! (your job search will begin as soon as you make your request for him to take a test!!!

Thanks for the post...it gave me my daily laugh!

You are very welcome!!!

[Johns]

[NCspecs]

..............That clears the air. If he works for you, recommend him to take a few month off until he is fully recuperated and find a temporary replacement to replace him during this time. You and your business have the right to supply and sell perfect products, or you will suffer long term damage to your business.

If he is your employee, then you are also an optometrist, and should discuss this as a peer. If you are an optician, I did not know it was possible for opticians to hire optometrists in Pa.

John and Chris, I think you both might be a little confused. Jason was not the original thread starter. He is merely comparing his own situation.