Computers in medicine: liability issues for physicians

Area of Science:

• Medical Informatics
• Healthcare Law
• Professional Liability

Background:

• Physicians increasingly rely on computers for medical information management.
• The integration of technology into medical practice is evolving rapidly.
• Failure to adopt available, risk-reducing technologies may constitute a breach of professional duty.

Purpose of the Study:

• To examine the evolving landscape of professional liability in medicine related to computer and information system use.
• To assess the legal implications of adopting or failing to adopt new medical technologies.
• To explore the impact of information availability on physician responsibilities.

Main Methods:

• Review of legal precedents and professional standards concerning technology adoption in healthcare.
• Analysis of the 'good medicine' standard in the context of computer-assisted diagnostics and information retrieval.
• Examination of liability issues arising from both the non-use and misuse of medical information systems and technology.

Main Results:

• Failure to utilize available information systems can lead to professional liability, even if not yet a widespread custom.
• Physicians have an increased burden to stay current with medical information and obtain informed consent, facilitated by computer-assisted searches.
• Malfunctioning software and defective hardware used in patient care introduce complex professional and product liability concerns.

Conclusions:

• The routine use of computer-assisted literature searches for diagnosis and informed consent aligns with the standard of 'good medicine'.
• Physicians must integrate accessible, risk-reducing technologies into practice to avoid potential liability.
• The increasing complexity of medical technology necessitates careful consideration of both professional and product liability in cases of patient harm.