Is Malware the New Frontier of Medical Malpractice?

By- Cathy Carter

Lawmakers are taking notice of the growing risks associated with inadequate healthcare cybersecurity preparation. As a result of recent occurrences, device manufacturers and healthcare delivery organizations (HDOs) are now accountable for compromised data and failing to adhere to best practices and guard against known dangers. Instead, it has the potential to place the patients at legal risk.

Tirani Kid arrived at Springhill Medical Center in Mobile, Alabama, on July 16 to have a cesarean section. Her baby was born the next day with her umbilical cord wrapped around her neck, causing severe brain injuries. In April of the following year, the baby died from complications, a sheer example of medical negligence.

What is Medical Malware Malpractice?

According to the Federal Trade Commission and other regulators, it is the responsibility of technology suppliers and User organizations to secure their goods and infrastructure against common threats. Failing to do so can result in legal repercussions. Observing the state of play between Kidd and Springhill These claims, as well as any following measures taken to prosecute businesses that fail to defend themselves from "known software vulnerabilities," safeguard hospitals and HDOs from ransomware and other frequent attacks, and the healthcare industry would be wise to take heed.

Targets of violence frequently target healthcare facilities. The US Department of Health and Human Services has cautioned that the number of cyberattacks on hospitals reached 679 in 2021 and may continue to climb due to medical negligence.

Moreover, ransomware can do fatal harm by seizing control of medical equipment and disrupting procedures, even if most unscrupulous hackers are unwilling to commit bodily harm to patients. The facility could be held responsible for any resulting patient harm if a hospital suffers a cyber attack employing a well-documented and easily avoided attack vector. In other words, insufficient attention to cyber security can be as harmful as negligence in the medical field.

Is this an example of a Lawsuit?

That is totally up to the jurisdiction where the lawsuit is filed. A medical determination is necessary to file a medical malpractice complaint in Florida. In Virginia, a claim can be prosecuted on a medical malpractice basis if it shows that a medical consequence occurred due to hospital malpractice.

However, plaintiffs face significant challenges when attempting to file and win medical malpractice actions relative to other forms of personal injury lawsuits. As a result, plaintiffs are frequently put in the problematic position of establishing that the issue was not due to medical malpractice. In contrast, doctors are in the awkward position of proving the claim against them is medical malpractice. The outcome of this litigation may heavily influence future claims concerning hospital IT security.

Issues with Financing the Risk

Malpractice lawsuits against doctors and hospitals are a significant source of financial stress for the healthcare industry today. Health care risk managers understand the importance of managing and financing medical professional liability risks. In more extensive facilities, risk and insurance management may be the responsibility of multiple staff members, with one or more individuals focusing only on reducing medical malpractice claims.

However, in the modern era, risk managers in the healthcare industry have many more things to worry about. The healthcare risk manager is responsible for implementing systems of risk control and risk financing in a wide variety of domains, including but not limited to: general liability, directors and officers' liability, workers' compensation, pollution, and hazardous waste, business interruption, employee dishonesty, and coverage of property, vehicles, boilers, and machinery. When designing and securing the most cost-effective program possible, healthcare institutions frequently combine components of commercial insurance, self-insurance, and other risk financing strategies to avoid medical malpractice.

Disclaimer: (This article is sponsored and includes some commercial links)