Friday, January 27, 2012

Do Smartphones and Medical Mobile Apps Cause Breach of Duty Violations?

by Holly Shoemaker

I came across an article published in the New York Times regarding how smartphones and mobile apps could become distracting to doctors. With studies showing more medical professionals will rely on smartphones and mobile apps this year, this point warrants more discussion. In particular, I wonder if apps and devices will cause physicians to violate their “breach of duty.”

Article Findings

Doctors and nurses admitted to spending more time looking at a screen rather than interacting with patients. A neurosurgeon admitted to making a personal call while operating on a patient. Half of the technicians surveyed said that while running bypass machines, they texted during the procedures.

Doctors Held to Higher Standards

I am not surprised by the findings. Distractions are not just an issue for doctors. If someone conducted the same type of study in a business setting, I think we would find more people admitting to using devices for non-work matters. At the same time, most of us do not have someone’s life in our hands.

Monitoring Patient Satisfaction

Some insurers use devices like iPads to assess patient satisfaction before patients take the step of suing physicians. Using mobile devices incorrectly could lead to an increase in lawsuits. I will elaborate on this point in an upcoming blog. Logically, if medical staff fail to provide patients the care owed to them, and patients have the ability to prove that, then devices could lead to careless mistakes.

Concluding Thoughts

The issue of distractions comes down to “breach of duty.” If a physician admits to making a personal call during surgery, a breach is made – the doctor has not upheld his/her duty to provide the best care to the patient. While no one has the ability to control everyone’s behavior, hospitals may provide clear guidelines regarding what could happen if staff members use tablets, medical mobile apps or smartphones in inappropriate ways.

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