Abstract
The use of computer-based decision support programs in medicine will result in litigation when adverse health care outcomes affect patients. This paper reviews how the United States legal system is likely to handle such cases. To date, there is minimal direct experience with such cases in the American legal system. Medical decision support systems are more likely to be viewed as tools used by physicians in providing a service to patients than as products owned by patients. Therefore, it is fairly certain that the negligence principles applied in medical malpractice cases will also be applied in cases involving computer-based medical decision support systems. Only under special circumstances will principles of strict product liability apply. As there are no existing standards, and medical decision support programs are hybrids having characteristics of both services and products, future litigation will be handled on a case by case basis.
This is a preview of subscription content, log in via an institution to check access.
Similar content being viewed by others
References
Shortliffe EH. Computer programs to support clinical decision making. JAMA 1987: 258: 61–66.
Miller RA, Schaffner KF, Meisel A. Ethical and legal issues related to the use of computer programs in clinical medicine. Annals of Internal Medicine 1985; 102: 529–36.
Barnett GO, Cimino JJ, Hupp JA, Hoffer EP. DXplain: An evolving diagnostic decision-support system. JAMA 1987; 258: 67–74.
Kingsland LC III, Cheh ML, Grant KD. Al/Rheum: Four knowledge sources in a diagnostic consultant system. Demonstrations Digest, Proceedings of the Eleventh Annual Symposium on Computer Applications in Medical Care. SCAMC: Washington, DC 1987.
Miller RA, McNeil MA, Challinor SM et al. The INTERNIST-1/Quick Medical Reference Project: Status Report. West J Med 1986; 145: 816–22.
American Law Institute. Restatement (Second) of Torts. American Law Institute Publishers: St. Paul, Minnesota, 1965.
Uniform Commercial Code. Chicago: National Conference of Commissioners of Uniform State Laws, 1962.
Keeton WP. Prosser and Keeton on Torts, 5th ed. West Publishing Co.: St Paul, Minnesota, 1984.
Epstein RA. Modern Products Liability Law. Quorum Books: Westport, Connecticut, 1980.
Brannigan VM, Dayhoff RE. Liability for personal injuries caused by defective medical computer programs. Am J Law Med. 1981; 7: 123–44.
Prince J. Negligence: liability for defective software. Okl Law Rev 1980; 33: 848–55.
Lanoue S. Computer software and strict products liability. San Diego Law Rev 1983; 20: 439–56.
Frank SJ. What Al Practitioners should know about the law. Part Two. Al Magazine 1988; 9: 109–14.
Gill CJ. Medical expert systems: grappling with the issues of liability. High Technology Law Journal 1987; 1: 483–520.
Harbeson v. Parke Davis, Inc. 746 F.2d 517 (1984).
Frank SJ. What Al Practitioners should know about the law. Part One. Al Magazine 1988; 9: 63–75.
Author information
Authors and Affiliations
Rights and permissions
About this article
Cite this article
Miller, R.A. Legal issues related to medical decision support systems. J Clin Monit Comput 6, 75–80 (1989). https://doi.org/10.1007/BF01720416
Accepted:
Issue Date:
DOI: https://doi.org/10.1007/BF01720416