Although the specific laws regarding texting while driving vary from one state to another, in general, states do prohibit this behavior. Why? Because a driver has a responsibility not to harm other motorists or pedestrians when behind the wheel. Their ability to avoid causing accidents is limited when they are focused on texting and not on the road in front of them.
Motorists are not the only ones who can potentially harm others if they are unreasonably distracted. Medical professionals can also put those in their care at risk of being injured, developing an infection, or even losing their lives if they fall prey to distraction at the wrong times.
Distracted driving is an issue with which many are already familiar. This doesn’t mean we should overlook the distracted doctor’s issue. Yes, this is a real problem and it is very serious.
It may also be growing even more serious in recent years. This is likely due to the increased availability of smartphones and other such devices. Research is showing that smartphone and other electronic devices used during medical practice is statistically on the rise. Some of that use is legitimate, some of it is clearly not, and some of that use is questionable.
You will hopefully never be harmed or lose a loved one because a medical care provider was using their smartphone or otherwise distracted when they should not have been. If this does happen, you may deserve compensation for such potential losses as medical bills, lost wages, loss of a spouse’s income if they die as a result of a physician’s carelessness, and more.
At The Weitz Law Firm, LLC, you’ll find an experienced Philadelphia medical malpractice attorney who has the expertise necessary to help you recover the compensation you may be owed. We will review your case, explain your legal options, and if you choose to hire us, aggressively negotiate for a fair settlement on your behalf.
To some degree, there may be certain steps you can take to minimize your odds of being harmed because a distracted doctor was providing your treatment. One such step is simple: discuss your concerns with a medical professional before receiving treatment (unless you urgently need care).
Before undergoing a medical procedure you should speak with your doctor about expectations, recovery, pain, risks, etc. Even if this is something you already tend to do, it might be time to start having additional discussions about his or her smartphone use during your impending procedure if this is not a topic you normally bring up when talking to a doctor. Questions to be asked may include:
This may be a good strategy going forward until there are some laws and policies made regarding smartphone use by medical professionals, but what do you do if you have already been injured by a distracted doctor? Contact our Philadelphia distracted doctor attorney, Eric Weitz, for a consultation regarding the facts of your case and the injuries you sustained.
Again, you may be able to recover financial compensation in these circumstances. You can begin pursuing said compensation by filing a medical malpractice claim or lawsuit. When doing so, you’ll need to present evidence showing you were harmed because of a doctor’s negligence. This may require conducting an investigation.
A Philadelphia medical malpractice lawyer can do so for you. They can also reject low offers from insurance companies by showing that the losses you’ve sustained are more severe than an initial settlement offer may account for. A lawyer can’t promise you will settle for a certain amount, but they can improve your chances of securing an appropriate payout.
Doctors may consult medical apps and websites or access patient notes and records during procedures for their patients’ benefit. This is clearly an appropriate use of technology, but what if a doctor sends a text message to her husband during surgery at a time that the doctor believes is safe and does not put the patient at risk? What about an anesthesiologist posting to Facebook from the operating room while he is supposed to be monitoring a sedated patient?
Some hospitals and practices have policies regarding medical staff smartphone use, but many of them do not. Some of them do not want to implement policies because they do not want to have to monitor their medical professionals’ smartphone use and enforcing policies may be a challenge. Policies may be difficult to implement and enforce, but avoiding them all together may be putting patients at risk.
During the discovery phase of your case, we will learn about medical professionals’ smartphone use and other distractions at the time the malpractice occurred. We can review smartphone records to see what Internet sites were visited, what calls took place, and how many texts were sent and received. We can also interview witnesses who were present at the time of the procedure to ask about smartphone usage.
If you have been injured due to a distracted medical professional, let a Philadelphia distracted doctor expert at The Weitz Firm, LLC help you recover for your injuries and damages. You put your life in your doctors’ hands and they should be responsible for their negligent conduct that has caused your injuries.