framework, it then
becomes an HR issue:
"This is the policy you're
required to follow, which
we've instituted because
it creates unnecessary
risk of harm to the
patient. If you either
don't want to or can't
abide by this rule, per-
haps this is not the right
environment for you."
The jur y's still out
The presence of smartphones in or near the OR is a relatively new
phenomenon, so we don't yet know all the legal challenges they may
create. To my knowledge we haven't yet seen any lawsuits alleging a
phone in the OR somehow disrupted medical equipment or sparked a
static explosion that resulted in a flash burn, but I can one day see
such an argument being presented by a plaintiff's counsel.
Which brings us back to the question I asked at the outset: Do the
benefits of allowing the unregulated use of smartphones in your facili-
ty outweigh the risks? If you don't take the time to answer now and
come up with a workable plan of action, it might be up to a jury to
decide for you.
OSM
Mr. Miller (wmiller@higgslaw.com) is a healthcare attorney and a partner
with Higgs, Fletcher & Mack in San Diego, Calif.
J A N U A R Y 2 0 1 7 • O U T PA T I E N T S U R G E R Y. N E T • 1 4 7
• GOOD SIGN Communicate to patients how, where and when they can use their phones.
