Healthcare Gaps

Health law is largely a matter of state law, however, many aspects are common to all jurisdictions. Licensing by state medical boards, physician malpractice liability, hospital liability, and even nurse liability. One area has seemed to slip through the cracks however: technician liability. A recent article documenting the “malpractice” of radiology technicians underscored the dangers of allowing healthcare personnel to get away without regulation or liability.  The New York Times article highlighted the dangerous practice Continue Reading →

Despite risks, Electronic Medical Records will likely soon replace paper-based records

Electronic Medical Records provide many convenient features to the medical community: ease of record-keeping and information sharing among various providers, storage of large amounts of data, as well as a better accountability regarding past occurrences. Therefore, despite its many potential drawbacks and unresolved risks, Electronic Medical Records will likely replace paper-based records in the next ten to fifteen years. Continue Reading →

A Utilitarian View of the Software’s Fight: Mechanization and Liability in War (and Peace)

Individuals increasingly rely on sophisticated technologies to perform tasks: automobiles to move, calculators to calculate, social networks to socialize.  In recent years, however, technology has mechanized some very human affairs, with very human costs. The complexity of the technologies, as well as the vast number of parties involved in the creation and use of the technologies makes allocation of liability in the event of system error or failure a novel and complex legal, as well as Continue Reading →