Researchers at the University of Toronto have been working on developing devices that would record a surgeon’s actions during surgery, including any errors made, in order to collect data on patients, surgical errors, and how to prevent them. Similarly, here in the U.S., lawmakers in Wisconsin are currently considering legislation to allow patients to have their surgeries audio visually recorded, potentially leading to similar legislation in other states. If adopted, these surgical recording devices could change the entire phenomenon of medical malpractice errors and associated litigation.
Effects on Medical Error Prevention and Malpractice Claims
If these measures move forward, not only would doctors and researchers be better able to pinpoint medical errors (and hopefully prevent them, after gathering and studying enough research and data), but it would drastically affect medical malpractice claims for plaintiffs injured during a medical procedure. It would also, arguably, force doctors to be on their “best behavior,” so to speak, during surgeries when patients are under anesthesia. For example, many heard the story of the man who recorded unprofessional comments being made by his doctor while he was unconscious—an issue that could have been prevented, had everyone understood that the procedure was being recorded at the time.
The History of Tracking Medical Errors
Many would be surprised to find out that clinicians were completely unaware of the number of surgery-associated injuries until 1999 or 2000, when one particular report was released by the Institute of Medicine on this subject. Prior to that, there was no official process for recognizing, reporting, and tracking these incidents.
Of particular concern was the phenomenon known as wrong-site surgery (WSSs), whereby surgery was either performed on the wrong side of the body, wrong patient, or using the wrong procedure. Because the WSS phenomenon also encompasses any invasive procedure that exposes patients to more than minimal risk and/or a “sentinel” event (i.e., an unexpected occurrence involving death or serious physical or psychological injuries), WSSs were once found to be the third-highest ranking event overall regarding surgical errors.
Surgical Malpractice Lawsuits & Investigations
It probably comes as no surprise that injuries due to surgical error are some of the worst, and recordings of these procedures would completely change the investigation of a surgical malpractice lawsuit. For example, here in Louisiana, a lawsuit was brought by a widow on behalf of her deceased husband after a surgical procedure led to kidney failure because a foreign object was left in the victim’s body. Had a device recorded this occurrence, it could be introduced at trial, helping the widow obtain damages related to her husband’s injuries.
Harrell Nowak: Medical Malpractice Attorneys
Medical malpractice occurs when a doctor or other medical professional harms a patient because of a negligent act or omission. Negligence by a medical professional may include errors in diagnosis, treatment, or illness management.
If you have been harmed by the negligence of your doctor or medical professional, Harrell & Nowak can help. We have recovered millions of dollars in settlements and verdicts on behalf of clients, and we are prepared to help you today. Contact our New Orleans personal injury law firm today for a free, confidential consultation.