Is taking a 'selfie' during a surgical procedure a violation of the basic standards of medical care?
According to CNN, in a story released yesterday, September 16, they report that a source close to the investigation stated that Joan Rivers' personal ear, nose and throat doctor took a selfie before performing a biopsy of the polyps on Joan's vocal cords.
This new story was widely reported and picked up by other news sources across the world.
Is a doctor taking a selfie of a patient under anesthesia a violation of good medical practice?
I think most people would agree that constitutes poor judgment.
I think most people would agree that morally, it's just something you don't do.
If you want to get a picture with a celebrity, ask them. In all likelihood, they will agree, especially if they put their trust in you and your medical expertise.
In a medical malpractice case here in New York, even if taking a selfie of your patient under anesthesia was somehow deemed to be a violation from the basic standards of medical care, we must then ask the next critical question...
Was the wrongdoing a cause of the patient's injuries?
Legally, that's known as causation.
If there is no connection between whatever was done wrong and the patient's injuries, there can be no separate claim on that issue.
Although this comment by a nurse at the endoscopy center may clearly be newsworthy and food for thought, if Joan Rivers suffered no injury as a result of this picture-taking episode, then this is what we would call a “red herring.” It simply has nothing to do with the actual medical care she received or any injury she suffered.
To learn more about how wrongful death lawsuits work here in NY, I invite you to watch the video below...