A Mississippi ophthalmologist was not responsible for a pre-op prepping accident that scratched a cornea before he entered the OR for surgery, a jury has concluded.

Patient Sheila Robinson underwent a routine and successful cataract surgery on her right eye at the Eye Laser & Surgery Center in Columbus, Miss., in February 2003. An hour after discharge, however, she contacted surgeon James D. Bennett III, MD, with complaints of eye pain.

Dr. Bennett explained that as she was being prepped for surgery, an adhesive drape came in contact with her eye, resulting in the corneal scratch. Having immediately noticed the abrasion, he'd documented it in his op notes.

He advised Ms. Robinson to visit him at his practice for treatment every morning, including on weekends, until further notice. She did. After 10 days, she returned to work, and after 5 weeks, Dr. Bennett released her from his care.

Ms. Robinson filed a lawsuit against Dr. Bennett, alleging gross negligence in the injury and seeking financial damages for medical expenses, pain and suffering, and other personal impacts.

Dr. Bennett's attorneys countered that he'd had no hand in the accident. It was a scrub tech employed by the center, whom Dr. Bennett hadn't trained and wasn't supervising, who was responsible for the drape scrape before Dr. Bennett had even arrived in the OR. They also noted that he'd treated her daily, even after the pain subsided 7 days later.

After a 4-day trial in February 2013, the jury sided with the defense, finding Dr. Bennett not negligent in the incident.

Attorney J. Gordon Flowers, who represented Dr. Bennett, recalled that at the trial Ms. Robinson's expert witness argued that the cataract surgery should not have proceeded after the injury. The surgeon's expert, however, noted that he'd met the standard of care.

Ms. Robinson's attorney did not immediately respond to a request for comment.

David Bernard