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Cyber-Malpractice: Legal Exposure for Cybermedicine

Nicolas Terry

Indiana University Robert H. McKinney School of Law

American Journal of Law & Medicine, Vol. 25, Pp. 327-66, 1999

Health care providers and pharmaceutical companies have rapidly ramped up in their presence in cyberspace (cybermedicine). This article examines the content-related liability exposure of cybermedicine providers, mapping real space liability theories such as professional negligence, misrepresentation and products liability to cybermedicine fact-patterns. Cybermedicine encompasses not only the technology and legal issues of telemedicine, but also a far greater array of non-traditional, indeed unique technology-enabled interactions among health care providers and consumer-patients, including marketing, relationship-creation, advice, prescribing and the sale of drugs and devices. The article first describes the cyberspace business models of health care providers and summarizes the themes likely to pervade the discourse during the emergence of cybermedicine. The article then details the legal issues that are raised by health care institutions? web marketing, pharmaceutical manufacturers? web presence, marketing and product support, and by the proliferation of health-oriented advice sites. The article concludes with some brief observations about initial attempts at risk-managing cyber-malpractice exposure.

Number of Pages in PDF File: 41

JEL Classification: K13, K32

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Date posted: September 28, 1999  

Suggested Citation

Terry, Nicolas, Cyber-Malpractice: Legal Exposure for Cybermedicine. American Journal of Law & Medicine, Vol. 25, Pp. 327-66, 1999. Available at SSRN: https://ssrn.com/abstract=181976 or http://dx.doi.org/10.2139/ssrn.181976

Contact Information

Nicolas P. Terry (Contact Author)
Indiana University Robert H. McKinney School of Law ( email )
530 W. New York St
Indianapolis, IN 46202
United States

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