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Removing Some Impediments to Development of America's Third- and Fourth-Generation Health Care Delivery Systems: Legal Aspects of Computer Medicine

Published online by Cambridge University Press:  24 February 2021

David S. Szabo
Affiliation:
Boston Health Law Firm of Norris & Norris, P.C.
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Abstract

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In this full-length Foreword, John Norris and David Szabo discuss the trend towards the development of substantially integrated and automated multi-institutional health care delivery systems. The authors then address the legal, economic, and policy implications of regulating medical computer systems. They conclude by noting that the rational allocation of costs and risks is a necessary step in developing new systems for health care delivery.

Type
Foreword
Copyright
Copyright © American Society of Law, Medicine and Ethics and Boston University 1981

References

Special thanks is given by the authors to Judith Lesser, J.D., M.S., Faculty Managing Editor of the Journal, to Dana Faris and Margaret Somerville, A.u.A., LL.B., D.C.L., of Norris & Norris, P.C., and to Roy Freed, J.D., and Robert P. Bigelow, J.D., for their substantial assistance in the preparation of this Foreword.

1 Physicians’ offices were the first-generation systems. Unintegrated hospitals, clinics, nursing homes, homes for the aged, clinical laboratories, and the like constitute the second-generation systems. The horizontally (generally multi-hospital) and vertically (generally single hospital) integrated multi-institutional systems now being developed will constitute the third-generation systems.

Future editions of the Journal will contain information on the legal implications of the implementation and operation of horizontally or vertically integrated single hospital and multi-hospital regional health care delivery systems and shared-services organizations. One source of such information will be the National Conference on the Legal, Managerial, and Financial Aspects of Multi-Institutional Systems, to be held in Boston on October 22-23, 1981, and chaired by John Norris. Materials flowing from this conference will be submitted to the Journal for possible publication.

2 This 1974 National Conference on the Legal Aspects of Automated Health Care Systems was held in Boston and was co-chaired by John Norris.

3 In recent years medical computers have gone well beyond the role of passive physician's assistants and, in some American hospitals, have been used to control directly the administration to patients of drugs and whole blood or plasma.

4 60 F.2d 737 (2d Cir. 1932), cert, denied, 287 U.S. 662 (1933).

5 83 Wash. 2d 514, 419 P.2d 981 (1974).

6 Brannigan, & Dayhoff, , Liability for Personal Injuries Caused by Defective Medical Computer Programs, 7 Am. J. L. & Med. 123 (1981).Google ScholarPubMed