Well, after years of hype, Google Glass went on sale yesterday for those with the disposable income to buy it. And at the same time, trial has been scheduled in Dallas in a medical malpractice case which should give all of us reason to think about the distractions

According to the Dallas Observer, Dr. Christopher Spillers is an anesthesiologist at Medical City Dallas. In 2011, his patient, Mary Roseann Milne, died during routine surgery.  Ms. Milne's family sued the surgeon and the anesthesiologist for medical negligence, and discovered that Dr. Spillers mind wasn't completely on his work during the surgery.  Apparently, he was texting, emailing and reading his iPhone.

The truth came out during the deposition testimony of the surgeon, Dr. Robert Rinkenberger.  Dr. Rinkenberger was apparently not happy about the conduct of his fellow physician:

Rinkenberger: I think the saturations as written are incorrect.

Wormnington: Do you think Dr. Spillers made them up?

R: Most likely.

W: Why would he do that?

R: Don't know.

W: Was he reading a book or talking on the phone or surfing the internet when he was managing Mrs. Milne's anesthesia?

R: Yes.

W: Tell me all of the things he was doing.

R: I don't know. I was busy working.

W: How do you know that he was engaged in other activity?

R: Well, he's working in front of me and I can see what he's doing, and he was.

W: All three of those things?

R: I can't answer that. That was -- he was -- he was doing something.

W: On a piece of equipment?

R: On -- on a piece -- either his phone or cell phone or pad or something.

W. All right. So the anesthesiologist was on his cell phone or on his iPad --

R: I believe so, yes.W: -- playing games or surfing the internet?

R: I can't answer that.

W: But he wasn't watching Mrs. Milne?

R: No.

W: How many times did you look up and see him doing that?

R: You know, I was -- I was trying to finish up the case. I don't -- I can't tell you that.

W: Well, you remember at least one time? How many other --

R: Absolutely.

It remains to be seen whether this case actually goes to trial before a jury (most cases settle on the courthouse steps), but it raises some provocative issues.  Just how much distraction are we willing to tolerate in the surgical suite?  We have all been warned about the dangers of texting and driving.  But to think that a member of a surgical team might be so distracted is downright scary.

And when Google Glass comes into widespread use, we won't even be able to tell who is distracted and who is not.

The civil law system is designed to keep us all safe, by making sure that careless individuals are held responsible for the damage caused by their carelessness.  It seems almost certain that negligence from distraction is going to be a major part of the civil law landscape for years to come.