On November 20, 2020, Ruby L. Lowe appeared before a court in Virginia on behalf of her grandson, Michael Taylor, in a lawsuit against Cerner Health Services, Inc. The grandson, a 25-year-old man with a history of sleep apnea and morbid obesity, underwent gallbladder surgery and suffered brain damage resulting in physical impairments after failing to receive continuous pulse oximetry as intended by his surgeon and anesthesiologist.1,2 The plaintiff alleged that Cerner’s electronic health record (EHR) software was negligently designed and that Cerner failed to warn users of the software about the design defects.1,2 Lowe further asserted that the negligent design and the failure to warn of the design defects caused a failure to properly monitor Taylor’s oxygen level, which could have prevented his injuries.1,2
Negligent design is defined by Quimbee, an online educational resource for law students and legal professionals,...