Author: Sackstein Sackstein & Lee, LLP
Our Family Serving Yours for Over 60 Years
Digital devices whether smart phones, ipads, or blackberries have interjected themselves into practically every phase of life for the technically savvy. People are so used to chatting, texting, or playing online games in a multi-tasking mode that many do not give a second thought to driving at the same time. New York recently passed a law that bans texting while driving. In an effort to tackle distracted driving, the National Highway Transportation and Safety Administration (NHTSA) erected a website at www.distraction.gov.
But what about operating on a patient or assisting a surgeon while talking on a cell phone, checking emails, or texting a friend?
A New York Times article reported that Perfusion, a cardio-vascular medical journal, surveyed 439 medical technicians about digital device use. It found that 55% who monitored bypass machines admitted talking on cell phones and 50% had texted during heart surgery. Yet 40% believed talking on cell phones during surgery was an unsafe practice and young medical professionals brought up in a digitally connected society seemed the most prone to device distraction.
The article also reported that recently, a Denver medical malpractice lawyer brought a malpractice case a surgeon that left his client partially paralyzed. The attorney argued that a neurosurgeon’s cell phone chat was a distraction during surgery that resulted in medical errors.
Distraction can lead to legal consequences
When facilitating receipt of medical information, digital devices serve an important purpose. However, when distracting medical professionals from delivering effective treatment, they can jeopardize the patient.
If you suspect a medical professional’s distraction resulted in malpractice, consult an experienced New York medical malpractice attorney about a taking legal action.










