Page 69 - 2022 Risk Basics - Anesthesiology

SVMIC Risk Basics: Anesthesiology

and present a significant safety risk. This potential for

distraction is a growing concern in the medico-legal arena.

In the last several years, many malpractice insurance carriers
have defended multiple lawsuits involving allegations and

evidence of distractions from the personal use of PEDs in the
OR and other patient care areas. The mere suggestion that an

anesthesia provider was distracted can negatively impact the

ability to defend the anesthesia provider. Texting, internet
browsing, social media, personal cell phone conversations, or

playing video games may also create a negative perception

among other OR team members that the anesthesia provider
was not paying attention to the patient.

Additionally, plaintiff attorneys have no difficulty identifying

anesthesiology experts who will testify that the use of PEDs for
non-patient-related activities in the OR and other patient care

areas is well below the standard of care and contrary to the
very hallmark of a competent and professional anesthesia

provider — vigilance.

And, if you think that no one will ever discover that you were
using a PED during a procedure, you are wrong. Typically,

during depositions of the personnel present in the OR,

someone (usually a co-defendant) will testify the anesthesia
provider was using a PED.

Plaintiff attorneys can be expected in such cases to subpoena

cell phone records and retain information technology (IT)
experts to scour PEDs and computer hard drives to obtain

metadata as evidence that the anesthesia provider was

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