Published by the American Society for Healthcare Risk Management (ASHRM)
"Grounds for Liability Claims"
"Finally, a physican might be deemed liable for stray energy burns-even those of which he or she is unaware-by virtue of ... the failure to employ certain available safety equipment, given the known risks of thermal injury caused by stray energy released during laparoscopic monopolar electrosurgery."
"The hospital might also be criticized for its failure to employ certain available safety equipment-such as active electrode monitoring ... to mitigate the risk of these procedures."
"Is Stray Energy a Defense to Physician Liability?"
"There is no evidence that courts are willing to exonerate physicians for accidental, stray electrical discharge."
"The following recommendations can help reduce electrosurgery injuries:"
"The use of active electrode monitoring technology to shield electrosurgical instruments and monitor for stray current."
Perantinides PG et al. The Medicolegal Risks of Thermal Injury During Laparoscopic Monopolar Electrosurgery. Journal of Healthcare Risk Management. Winter 1998; 18(1): 50, 53, 54.