If a doctors computerized medical records are compromised by a hacker, who is liable?
If a doctors medical files are stolen by a thief, who is liable?
Health Providers are required to protect the information. Here, a court would look at reasonable measures. For computerized records, that means firewalls, encryptions, et al.
Determining liability in the case of a compromised medical record can depend on various factors, including the specific circumstances, the jurisdiction, and applicable laws. Generally, potential parties that could be held liable include:
1. The hacker: The person(s) responsible for the unauthorized intrusion into the computerized medical records would likely bear significant liability as they engaged in illegal activities.
2. Healthcare provider or institution: The doctor or the healthcare organization responsible for maintaining the computerized medical records might be held liable if they were found to have not implemented adequate security measures or failed to comply with privacy laws, which contributed to the breach.
3. Software or technology vendors: If the breach was a result of vulnerabilities within the software or systems used to store or manage the medical records, the vendors providing the technology could be held liable if they were negligent in their duty to provide secure solutions.
4. Business associates or third-party contractors: If the compromised records were in the possession or control of a third-party contractor or business associate, they might share some responsibility, depending on the terms of their contract and the level of security measures in place.
It's important to note that liability is a complex legal issue, and consulting with a lawyer or legal expert familiar with data breach and privacy laws in your jurisdiction is advised to navigate the nuances specific to your situation.