Summary
Physicians routinely use computers to store, access, and retrieve medical information. As computer use becomes even more widespread in medicine, failure to utilize information systems may be seen as a violation of professional custom and lead to findings of professional liability. Even when a technology is not widespread, failure to incorporate it into medical practice may give rise to liability if the technology is accessible to the physician and reduces risk to the patient. Improvement in the availability of medical information sources imposes a greater burden on the physician to keep current and to obtain informed consent from patients. To routinely perform computer-assisted literature searches for informed consent and diagnosis is ‘good medicine’.
Clinical and diagnostic applications of computer technology now include computer-assisted decision making with the aid of sophisticated databases. Although such systems will expand the knowledge base and competence of physicians, malfunctioning software raises a major liability question. Also, complex computer-driven technology is used in direct patient care. Defective or improperly used hardware or software can lead to patient injury, thus raising additional complicated questions of professional liability and product liability.
This is a preview of subscription content, log in via an institution to check access.
Similar content being viewed by others
References
Bader SA, Martin ER. New methods of information management: New roles for health sciences library. Medical Reference Services Quarterly 1987; 6: 63–8.
Brannigan VM, Dayhoff RE. Liability for personal injuries caused by defective computer programs. Am J Law Med 1981; 7: 123–44.
Darling v. Charleston Community Memorial Hospital. 33 Ill. 2d. 326, 211 N.E. 2d 253 (1965).
Diamond GA, Pollock BH, Work JW. Clinical decisions and computers. J Am Coll Cardiol 1987; 9: 1385–96.
Forrestal v. Magendantz. 848 F. 2nd 303 (1st Cir. 1988).
Gemignani MC. More on the use of computers by professionals. Rutgers Computer & Technology Law Journal 1987; 13: 317–39.
Godes JN. Developing a new set of liability rules for a new generation of technology: Assessing liability for computer-related injuries in the health care field. Computer/Law Journal 1987; 7: 517–34.
Graves KJ, Selig SA. Library instruction for medical students. Bull Med Libr Assoc 1986; 74: 126–30.
Gray JA. The health sciences librarian's exposure to malpractice liability because of negligent provision of information. Bull Med Libr Assoc 1989; 77: 33–7.
Hafner AW. MEDIS: A philosophical breakthrough in medical information management. Arch Intern Med 1987; 147: 417–8.
Hafner AW, Schwarz MR. Medicine and health care: Implications for health sciences library practice. Bull Med Libr Assoc 1986; 74: 142–7.
Harbeson v. Parke Davis, Inc. 746 F. 2d 517 (9th Cir. 1984).
Haynes RB, McKibbon KA, Walker CJ, Mousseau J, Baker LM, Fitzgerald D, Guyatt G, Norman GR. Computer searching of the medical literature: An evaluation of MEDLINE searching systems. Ann Intern Med 1985; 103: 812–6.
Hermes v. Pfizer, Inc. 848 F. 2d 66 (5th Cir. 1988).
Huth EJ. The underused medical literature. Ann Intern Med 1989; 110: 99–100.
Joyce E. Software bugs: A matter of life and liability, DATAMATION May 15, 1987; 33: 88–92.
Keeton W, Dobb D, Keeton R, Owen D. Prosser & Keeton on the law of Torts, 5th ed. St. Paul, MN: West Publishing Company, 1984: 499–516.
Kibble-Smith BG, Hafner AW. The effect of the information age on physician's professional liability. DePaul Law Review 1986; 36: 69–94.
King Jr, JH. The law of medical malpractice in a nutshell, Chapter 8: Vicarious responsibility. St. Paul, MN: West Publishing Company, 1988: 225–49.
Lunin LF. Patient care information systems and the practicing physician. Journal of medical practice management 1987; 2: 166–74.
Menke JA, McClead RE. On-line with Medline: An introduction for the pediatrician. Pediatrics 1987; 80: 605–12.
Metzger MC. Legal implications of computer aided medical diagnosis. J LEG MED 1988; 9: 313–28.
Miller RA, Schaffner KF, Meisel A. Ethical and legal issues related to the use of computer programs in clinical medicine. Ann Intern Med 1985; 102: 529–36.
Nycum S. Liability for malfunction of a computer program. Rutgers Journal of Computers, Technology and the Law 1979; 7: 1–22.
Pegalis SE, Wachsman HF. American law of medical malpractice. v. 1, Sections 1:1–5:18. The Lawyers Cooperative Publishing Company, Rochester, NY, 1980, pp. 112–113.
Personal Communication. Telephone conversation with plaintiff's attorney, Harry L. Gillam, Jr. of Baldwin and Baldwin, and Edward Still of William Bird, P.C., of Atlanta, GA., February 14, 1989.
Petras DD, Scarpelli S. Computers, medical malpractice, and the ghost ofThe T.J. Hooper. Journal of Computers and Law 1975; 5: 15–49.
Reed v. Church. 175 Va. 284, 8 S.E. 2d 285. 1940.
Rutledge R. Physician use of on-line databases. Urol Clin North Am 1986; 13: 65–89.
Scura G, Davidoff F. Case-related use of the medical literature; clinical librarian services for improving patient care. JAMA 1981; 245: 50–2.
Starr SS: Evaluation of a program to teach health professionals to search MEDLINE. Bull Med Libr Assoc 1987; 75: 193–201.
The T.J. Hooper. 60 F. 2d 737 (2d Cir. 1932).
Tingley DE, Hubbard SM, Perry DJ. The PDQ Database: What the primary care physician needs to know about current treatments for cancer and AIDS. Journal of medical practice management 1988; 4: 41–6.
Weintraub A. Physician's duty to stay abreast of current medical developments. Medical trial technique quarterly 1985; 31: 329–41.
White D. The impact of computer technology on Tort liability of doctors and hospitals. Health Law in Canada 1986; 7: 6–13.
Willick MS. Professional malpractice and the unauthorized practice of professions: Some legal and ethical aspects of the use of computers as decision aids. Rutgers Computer & Technology Law Journal 1986; 12: 1–32.
Williamson JW, German PS, Weiss R, Skinner EA, Bowes F. Health science information management and continuing education of physicians. Ann Intern Med 1989; 110: 151–60.
Wooderson v. Ortho Pharmaceutical Corporation. 681 P. 2d 138 (Kan. 1984).
Young FE. Validation of medical software: Present policy of the Food and Drug Administration. Ann Intern Med 1987; 106: 628–9.
Author information
Authors and Affiliations
Rights and permissions
About this article
Cite this article
Hafner, A.W., Filipowicz, A.B. & Whitely, W.P. Computers in medicine: Liability issues for physicians. J Clin Monit Comput 6, 185–194 (1989). https://doi.org/10.1007/BF01721032
Accepted:
Issue Date:
DOI: https://doi.org/10.1007/BF01721032