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- Title
Health Care Information Technology Vendors' "Hold Harmless" Clause.
- Authors
Koppel, Ross; Kreda, David
- Abstract
The author discusses the nature of a legal device constructed by health care information technology (HIT) vendors known as the "hold harmless" clause and the impact it has on patients and clinicians. The contractual device shifts HIT vendor liability to physicians, nurses, hospitals, and clinics, so vendors are not held responsible for medical errors their systems or software may produce in patients. The author calls for an examination of the burden these "hold harmless" and "nonwarranty" clauses place on health care professionals who increasingly depend on HIT systems.
- Subjects
HOLD harmless agreements; HEALTH facilities; INDEMNITY against liability; INFORMATION technology laws; INFORMATION storage &; retrieval systems; MEDICAL errors; MEDICAL personnel; COMPUTERS in medical care; COMPUTER software; COMPUTER network resources; MEDICAL laws
- Publication
JAMA: Journal of the American Medical Association, 2009, Vol 301, Issue 12, p1276
- ISSN
0098-7484
- Publication type
Opinion
- DOI
10.1001/jama.2009.398