West Hartford Eye Doctor Fined $40K: State

WEST HARTFORD, CT — An eye doctor from West Hartford was fined by the state Tuesday for not following proper protocols while performing four cataract surgeries in 2021, according to documents released by the state.

The fine and penalty was first reported by the Connecticut Health I-Team news website Tuesday.

The ruling was rendered Tuesday by the state Department of Public Health's Connecticut Medical Examining Board against Dr. Duane F. Austin, a West Hartford resident who is co-founder of the Connecticut Eye Center, an ophthalmology practice with offices in West Hartford and Avon.

According to the state consent order detailing the investigation, Austin was reprimanded and fined $40,000, which must be paid to the State of Connecticut.

The penalties are regarding a situation that dates back to June 2, 2021, when Austin performed four cataract surgeries on four patients. The state investigation began Oct. 26, 2021.

According to the state, Austin "deviated from the standard of care in one or more" ways.

The medical examining board said Austin:

• Failed to ensure that the patients received the correct implants.

• Failed to comply with the surgical center's "time-out" protocol.

A "time-out" protocol is a standard part of any surgical procedure and consists of a pre-incision review of the patient's identity, affliction and the required procedure. It's goal is to minimize errors.

• Failed to review the patient chart(s) prior to surgery to verify the correct lens was selected and/or pulled from implant surgery.

DPH's Practitioner Licensing and Investigations Section opened this petition after receiving a referral from the DPH's Facilities Licensing and Investigations Section, according to the order.

As stated in the consent order, Austin is not challenging the findings or penalties and is not protesting the complaint, which also prevents the state from having to conduct a hearing on the matter.

Austin actually signed the consent order Aug. 5, with Tuesday's actions representing the final act in the investigation.

According to the consent order document, Austin has no prior history regarding any malpractice allegations or issues with the DPH.

He could not be reached for comment at Connecticut Eye Center Wednesday morning.

Austin is the second Connecticut Eye Center doctor in as many months to be fined by the state for not following proper procedures, according to records.

In August, Dr. Patrick F. Albergo out of West Hartford was fined $15,000 for operating on a patient's wrong eye. He didn't contest the state's findings.

Reportedly, the patient required one procedure on each eye on separate days, but the procedures were done in the wrong order.

For the Connecticut Health I-Team report, click on this link.

To see the state's consent order on Dr. Dr. Duane F. Austin, click on this link and scroll down.

For more information on the Connecticut Eye Center, click on this link.

From Aug. 17: 'West Hartford Ophthalmologist Operated On Wrong Eye: Report'