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Medical Forum / General / Vision / March 2005Prescription error
In Sep, 2004, I had an eye exam in an optometrist and ordered a pair of glasses. When I picked up my glasses, I also asked and received the prescription for it. Recently, I ordered a new pair of glasses with the prescription from another office not associated with my optometrist. Because the new glasses does not work for me, I went back to my optometrist and asked for the prescription again. Long story story, the axis for the left eye was written as +165 and the correct figure should be 63. I talked to someone that works there and he offers me 30% discount for a new pair of glass. Is there a norm for case like this? By the way, I am in Calif. > be 63. I talked to someone that works there and he offers me 30% discount > for a new pair of glass. Is there a norm for case like this? Why is he making a new pair? Most opticians are pretty understanding about remaking one lens because of a transcription error. -MT >>be 63. I talked to someone that works there and he offers me 30% discount >>for a new pair of glass. Is there a norm for case like this? [quoted text clipped - 3 lines] > > -MT I bought the glasses with incorrect from an internet site based in Hong Kong. My local optician said he can not get the same len here. He offers to replace the left len with what he can get. I rejected that offer because I assume the lens will look different. > I bought the glasses with incorrect from an internet site based in Hong > Kong. My local optician said he can not get the same len here. He offers > to replace the left len with what he can get. I rejected that offer > because I assume the lens will look different. Ah.. you can't expect Internet merchants to provide the same service as brick-and-mortar. Why assume the lens will look different? It might be hard to match a tint, and some AR coatings look a little different than others, but replacing one lens is so much cheaper. The alternative is putting them in a drawer to waste away. What's your prescription, and what tints or coatings are there on the bad pair? -MT >>I bought the glasses with incorrect from an internet site based in Hong >>Kong. My local optician said he can not get the same len here. He offers [quoted text clipped - 13 lines] > > -MT I have no issues with the internet merchants. They did the glasses per prescription. (I asked an optician to check the glasses again the presecription.) My issues is with my optometrist/optician. They gave me the incorrect prescription. My prescription is: OD +0.50 -0.50 135 +2.00 OS +0.50 -1.00 165 +2.00 Lens color is clear but it has anti-scratch coating on it. > In Sep, 2004, I had an eye exam in an optometrist and ordered a pair of > glasses. When I picked up my glasses, I also asked and received the [quoted text clipped - 6 lines] > discount for a new pair of glass. Is there a norm for case like this? > By the way, I am in Calif. Ask the OD to pay for the new lenses because of the error or fraud.. If he/she refuses call the state board of optometry that regulates opticians. Consider going to small claims court. You can also contact a consumer affairs reporter at local TV stations (they love this stuff). Never, EVER, leave the OD's office without the Rx right after the exam, regardless of where you get your glasses. Mark, give me a break. Why don't you call the cops on the guy as well and get him arrested (the nerve of the O.D. - a transcrption error- bar him from practicing for the rest of his life!!). Your advice goes way over the top. Every optical place I know does does re-do's at no cost secondary to prescription changes or inadvertant transcription errors (who knows- even that "internet site" should replace the lens at n/c- cost of doing business). Errors and mistakes happen from time to time- calling the state board, small claims court?? Geez. frank > Mark, give me a break. Why don't you call the cops on the > guy as well and get him arrested (the nerve of the O.D. [quoted text clipped - 9 lines] > > frank Shouldn't the optometrist reimburse my incorrectly made glasses? If I don't get the settlement I want, what is wrong to fill a repost at the state board? I would think the complaint would be an "incentive" to settle and nothing more... >> Mark, give me a break. Why don't you call the cops on the >> guy as well and get him arrested (the nerve of the O.D. [quoted text clipped - 14 lines] > state board? I would think the complaint would be an "incentive" to settle > and nothing more... No. The OD is not obliged to reimburse money not paid to him. A complaint to the state board will not result in an order to pay. Opticals redo, at no charge, transcription and prescription errors; that is the way the industry has always worked. Ask the internet optician to do the same. Dr Judy > > Shouldn't the optometrist reimburse my incorrectly made glasses? If I > > don't get the settlement I want, what is wrong to fill a repost at the [quoted text clipped - 7 lines] > > Dr Judy If the optician will do a remake for free, that is fine. I don't know of any law that requires it. If not, the customer is morally and legally entitled to pursue remedies under the law as a result of the negligence of the OD office. But having dealt with a lot of people trying to get a copy of my Rx in OD offices, I would not be surprised if it was done on purpose. > If the optician will do a remake for free, that is fine. I don't know of any > law that requires it. As there is not any law that requires the prescribing O.D. from having to refund the exam fee or paying for a lens done outside his/her office for a re-make. > If not, the customer is morally and legally entitled to pursue remedies > under the law as a result of the negligence of the OD office. Morally?? Don't confuse negligence with rx re-do's. There is, and always will be, rx re-do's due to lab errors, mis-measurements and the like. Doesn't mean there was negligence (look it up). > But having dealt with a lot of people trying to get a copy of my Rx in OD > offices, I would not be surprised if it was done on purpose. So what experiences have you had that would make you make such an offensive statement (the "done on purpose part")?? And why would you ever patronize these providers if that's what you thought?? Again, Geez. frank > > If the optician will do a remake for free, that is fine. I don't know > of any [quoted text clipped - 4 lines] > office > for a re-make. Yes there is, under consumer protection law and contract law (both statutory and common law) which protect people from negligent services (or in the case of products it would be implied warranties of fitness for a particular purpose and merchantability). These are the same laws that allow one to sue a doctor for negligence (malpractice), or sue a an auto mechanic for negligence when attempting to repair a car. Anyone who provides a product or service has a reasonable duty to perform without acting negligently. > > If not, the customer is morally and legally entitled to pursue > remedies [quoted text clipped - 4 lines] > will be, rx re-do's due to lab errors, mis-measurements and the like. > Doesn't mean there was negligence (look it up). Making a transcription error on an Rx is negligence if it is not corrected for free. If the error is corrected without the patient incurring any additional charges (including a lens remake if necessary) then there is no basis for a claim against the provider. In the case of an error on a drug Rx that caused the patient harm, then one could sue for negligence if the error was not discovered until the after the harm to the patient was done. For glasses, the patient has a reasonable duty to tell the optician if the glasses are not acceptable before wearing them could cause any harm or damages to the patient. > > But having dealt with a lot of people trying to get a copy of my Rx > in OD [quoted text clipped - 6 lines] > > frank I do not know if it was done on purpose in the situation of the OP. I said "I would not be surprised." I usually get eye exams from an independent OD who is not associated with an optical shop (except for their own small shop). I have always found it difficult to leave the office after the exam with an Rx in hand when I don't purchase glasses from the OD's office. But I know my rights, so it does not bother me that much if I have to demand the Rx from them. But if I knew of an OD office that was more polite about this, I would consider it, but it is difficult to shop around for this sort of thing when one only visits an OD once every 1-2 years, and one does not find out until the exam is over (as to how hard it is to get the Rx in hand). All the problems I have had are with the assistants or clerical staff. I doubt that the OD's know everything that their own staff does or how the staff treats their customers. I am sure the staff is told to encourage the patient to purchase glasses from the OD, because every customer is probably worth about $100 average net profit on for each pair of glasses sold (not including fixed salary and overhead expenses). > Mark, give me a break. Why don't you call the cops on the > guy as well and get him arrested (the nerve of the O.D. [quoted text clipped - 9 lines] > > frank No Sir. The lens was made by an independent optician and that optician has said that he will NOT remake for free (but will give a 30% discount) due to an OD error with the Rx. Therefore, I said that the customer should ask the OD to reimburse him for the lens (I suppose the OD could order a new lens instead). I did not say whether the "mistake" was on purpose. It doesn't matter because it is at the very least clear negligence, and the OD is responsible (even if a clerical person in his office made the mistake). If the OD does not want to cure the negligence, the customer has right to sue and/or file a complaint with the state board of optometry. I never suggested that the customer pursue such remedies without first asking the OD to make the customer whole at no additional expense to the customer. This is an open and shut case, both morally and legally. |
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