Could ‘Surgical Black Box’ Help Prevent Errors in the Operating Room?

Errors in surgery are among the most common forms of medical mistakes – and, often, among the most debilitating or deadly. Some advocates are now promoting the installation of recording devices in operating rooms, giving patients the option to have their procedures recorded in order to spot potential malpractice, according to a recent article in the Washington Post.

In Wisconsin, four state representatives have introduced a bill that would require any surgical procedure room to “offer surgical patients the option to have their surgical procedures videotaped,” according to the Washington Post. The bill is named for a Waukesha, Wisconsin, woman who died after surgical staff at a Florida hospital administered an overdose of propofol during her procedure.

The National Organization for Medical Malpractice Victims, founded by the victim’s brother, is also lobbying in favor of the Wisconsin bill and others like it, the Post reports. The organization supports the use of “black box” recording devices in operating rooms, saying that they will help injured patients and their families “gather the data” needed to pursue compensation for medical errors in court.

Legislators who introduced the Wisconsin bill say they wish not only to provide a record in medical negligence cases, but also to deter other types of bad behavior that might lead to negligence or improper care – such as the recent case of a Virginia man who inadvertently recorded his entire procedure on his smartphone, only to discover that the surgical staff had mocked him while he was unconscious.

Opponents of the Wisconsin bill include some hospital and medical associations, according to the Washington Post. A Milwaukee Journal-Sentinel article elaborated, explaining that the opposition warned against treating recording devices as a “quick fix” for quality and safety issues and raised concerns that they might damage the relationship between patients and healthcare providers.

In contrast, supporters of the bill note that a recording of an operation could provide a neutral account of what happened during a procedure. “It would protect the doctor if the doctor was doing everything they should. On the other hand, if they doctor did something that was patently incorrect, it would benefit the patient,” a Wisconsin attorney told the Journal-Sentinel.

At Morrow Kidman Tinker Macey-Cushman, our experienced medical malpractice attorneys are dedicated to helping our clients determine exactly what went wrong in the operating room and holding all negligent parties accountable for any resulting harm. Contact us today to learn more.