Outpatient Surgery Magazine, providing current information on Surgical Services, Surgical Facility Administration, Outpatient Surgery News and Trends, OR Excellence and more.
Issue link: http://outpatientsurgery.uberflip.com/i/874010
accidentally recorded the audio of his colonoscopy on his smartphone while he was under sedation. When the patient played back the audio, he heard his anesthesiologist mocking and insulting him. The patient sued for damages and won a $300,000 judgment for defamation and medical malpractice, plus another $200,000 in punitive damages. The anesthesiologist's behavior was inexcusable, but this is just one exam- ple of why patients' smartphones should be strictly off limits in the OR. Minimizing risk I'm not suggesting you ban smartphones from your facility, but you should define appropriate use — where, when and how — in order to minimize risk. Draw up policies for everyone who enters your facility to determine under what circumstances they can use their phones. You might consider communicating your policy to patients during your pre-operative phone call to provide NPO instructions and medica- tion reminders. That way you can minimize conflict when the patient arrives at your facility the day of surgery. You may even consider including your written policy as part of your pre-operative paperwork and have each patient acknowledge that they understand it and will comply with it, which you can refer back to later, if needed. It's inevitable that some people will think the rules don't apply to them. When that happens, you can gently remind them that your policy protects their safety and privacy, as well as the safety and privacy of others. Also let them know that if they don't abide by the policy, it may result in the cancellation of their case. With surgeons and staff, a written policy lets them know exactly how you expect them to conduct themselves in the workplace in regard to the use of smartphones. If someone deviates from the Legal Update LU 1 4 6 • O U T PA T I E N T S U R G E R Y M A G A Z I N E • J A N U A R Y 2 0 1 7