The Journal of mHealth Vol 1 Issue 6 (Dec 2014) | Page 40

Canadian Researchers Create 'Black Box' for Use in Operating Rooms Continued from page 37 School of Law. Since most medical lawsuits end up being "he said, she said" arguments, not knowing exactly what happened in the operating room just adds to the level of distrust, Epstein says. In the United States, the Healthcare Quality Improvement Act prevents courts from using data that doctors and hospitals use for peer review, a self-regulation process in which experts or "peers" evaluate one another. The law allows doctors to assess each other openly and identify areas for improvement without fear of litigation. But there are exceptions to this rule, says William McMurry, president of the American Board of Professional Liability Attorneys. For instance, cases where surgeries are recorded but don't receive any peer review can be used in court. While McMurry says that "keeping patients in the dark about the details of their surgery is never OK," he points out that litigation concerns should not derail use of the black box. It will be an asset to the health care system regardless of whether it can be used in court, he says. "We care about better health care, and the black box will provide surgeons with the information they need to avoid mistakes," McMurry says. "It's a win-win situation." Open Innovation Conference 2015 SWALEC Stadium, Cardiff UK 10th – 12th February 2015 Register Now Exploring the potential of Open Innovation in digital health across three of the hottest topic areas in healthcare today: • • • Big Data Innovative Business Models Empowering Patients and Staff www.digitalhealthassembly.com 38 December 2014 The surgical black box will be tested in hospitals in Canada, Denmark and parts of South America in the next few months. Talks are also under way with a number of American hospitals. If doctors accept it, implementation in U.S. hospitals could happen quickly since the surgical black box isn't considered a medical device and doesn't require approval from the U.S. Food and Drug Administration. For more information on this project visit: www.stmichaelshospital. com/media n