Low-Concentration Atropine Eyedrops for Myopia in Children

Abstract

defective devices, then at the very least, hospitals should ensure that their care teams understand the concerns about existing pulse oximeter outputs and that additional confirmatory measures should be considered for darker-skinned patients. This is especially true when pulse oximeter readings guide decisions about therapies and scarce resource allocation, such as during the COVID-19 pandemic, when pulse oximetry estimates of oxygenation helped determine hospital admission decisions.However, at least 1 manufacturer of pulse oximeter devices now claims to have overcome this defect, with support in the peer-reviewed literature. 3 Research is proceeding in related areas, such as cerebral pulse oximetry. 4 As lawyers, we leave it to clinicians and hospitals to carefully evaluate these manufacturer claims and adopt the appropriate devices. If newer-generation pulse oximeters are in fact an improvement, there may be a point in the future in which entities become liable for choosing to use the older-generation devices rather than switching.Our points regarding entity liability when selecting or continuing to use certain medical devices can be situated more broadly in tort and consumer protection law. Historically, some industries have lagged in the adoption of reasonable safety precautions, and the law can be a helpful press against complacency. 5 Legal accountability is especially important when the injured persons are "discrete and insular minorities" who may face challenges raising such claims in political or economic forums. 6 When medical devices do not work as well or work differently for darker-skinned patients, it is important for clinicians to understand and correct the issues to ensure these patients receive the same quantity and quality of care as other patients, and move to adopt any device improvements that address this bias.