E-Liabilities: New Risks in Health Technology

With technology advancements and the computerization of health records comes a new type of medical liability being referred to as "e-liability". When breaches in confidentiality are made as a result of non-human error, such as security failures, there must be legal protection in place to cover claims falling under these types of liabilities. Given low, however, growing rates of EHR adoption, interested parties such as government agencies and hospital corporations, must seek input from liability experts to ensure their protection (Vigoda, 2008). Like federal and provincial privacy legislation and acts that protect patients privacy rights, "cyberliability" protects both patients, health institutions, and health professionals. This type of liability protection ensures that when security fails and confidentiality is breached there is away to ensure accountability and recourse (CMA, 2004). Accountability is the main issue surrounding liability. Patients and health professionals may be more accepting of EHRs knowing these types of liabilities have a way of being legally dealt with. Two types of liability that fall under the umbrella of cyberliability are:

1. E-practice liabilities: these include risks surrounding confidentiality, accuracy and user authenticity of the record, back-up systems, e-prescribing, and telehealth. For example: electronic documentation after treatment, the time entered wrongly reflects the time care was actually given.

2. System security liabilities: these risks involve security system failures, encryption errors, and hacking.

For more information regarding liabilities and the EHR, go to:

http://www.cmpa-acpm.ca/cmpapd04/docs/submissions_papers/com_electronic_health_records-e.cfm#issues