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."
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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