Terry Locklear Obtained a Prescription for Extended-Wear Contact Lenses from His

question 26

Multiple Choice

Terry Locklear obtained a prescription for extended-wear contact lenses from his ophthalmologist. He purchased a year's supply of the lenses over the internet. After wearing a pair of lenses for 2 weeks, Terry developed an eye infection that has resulted in permanent impairment of the vision in his right eye. He has brought suit against the lens manufacturer. The manufacturer indicates that it has no liability and that the liability rests with Terry's ophthalmologist because the physician is to provide the training for the maximum wearing time of one week. There is no information in the lens materials or on the boxes about the maximum length for wearing time.

• A) The manufacturer is correct; only the doctor is liable.
• B) The manufacturer is incorrect because its product is defective for its failure to warn.
• C) Neither the physician nor the manufacturer is liable because Terry did not inquire about proper wear and usage.
• D) Both the manufacturer and physician are liable but have a complete defense because of Terry's negligence.
• E) Both the manufacturer and the physician are liable under different theories.

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Definitions:

Disease Identification

The process of diagnosing a disease, often involving symptoms assessment and various diagnostic tests.

Reporting-institution Information

Detailed data or facts provided by an organization, especially pertaining to its operations, for analysis or record-keeping purposes.

Respiratory Hygiene

Practices that prevent the spread of respiratory pathogens through droplets, such as covering the mouth when coughing.

CDC

Centers for Disease Control and Prevention; a national public health institute in the United States.