Are iPhones the Standard of Care?
To be precise, I am not talking about iPhones. I am talking about the apps for iPhones. There are hundreds and hundreds of iPhone apps for health care providers that permit one to help formulate a differential diagnosis, check for drug-drug interactions, or identify medications.
So, does the standard of care require a doctor to buy and use these apps relevant to his or her field?
Not today. But as time goes on look for the standard of care to include either the knowledge of relevant data that can be gathered from such sources or ready means to access it via iPhone, Blackberry, etc. Medical students are already being trained for the use of these devices, and it is only natural that the standard of care will ultimately incorporate the use of these tools.
John,
I'm not sure the iPhone apps are not (in a backdoor way) the SOC now. I've had a continuing discussion with several friends over recent months about using the Evidence Based Medicine (EBM) as the foundation for cross-examining defendant experts or prepping plaintiff experts. Most physicians now will agree (even though they have no real understanding of EBM) that it is the SOC and should be followed. It is but a small step from acknowledging EBM as the SOC and the apps issue you raised. Next question: How did you determine or find the evidence (peer reviewed) to support your treatment decision? Did you use a computer? iPhone? You don't have any evidence..you don't have a computer?...you don't have an iPhone?..then maybe you're not qualified to testify....in Tennesee (absolutely not in federal court). Just something to think about when you're not doing anything else..;))
John, to the contrary, there is a very famous tort case holding that a ship owner had a duty to buy radio sets.
The failure to employ current technology can be a failure to meet the applicable standard of care.
The case is The T.J. Hooper
60 F.2d 737 (2d Cir.), cert. Denied, 287 U.S. 662 (1932)
John - I am very familiar with the concept and the case but neither are applicable here. The standard of care is not imposed by the courts - it is imposed by the profession. An expert will have to testify that the SOC requires the uses of readily available technology under the applicable circumstances.