Cyber Attacks and Malpractice: Hospitals Must Ensure Safety

Cyber-Attacks on Hospitals May Cause Medical Mistakes or Delays in Treatment: But That is No Excuse for Substandard Care

Michigan’s Healthcare Under Siege from Cyberattacks

Cyber-attacks on hospitals and the healthcare industry are on the rise.  We have seen a number right here in Michigan that have affected many of us. We have also seen an uptick in callers concerned that medical malpractice has occurred during a data breach. In one instance a patient was discharged from the hospital without having the procedure to diagnose and treat the client’s condition. This resulted in the patient dying a few days later.

Medical Malpractice Concerns Amid Data Breaches

First let us remind you to go to the hospital when you need to and keep your scheduled healthcare appointments. Healthcare facilities and professionals in most cases can handle these types of crises.

Hospitals May Be Liable for Errors: Cyber Attacks and Record Access Issues Not an Excuse

Healthcare professionals have a duty to provide the standard of care, ensuring that every patient receives the best possible treatment regardless of circumstances. This obligation remains steadfast even in the face of challenges like cyber attacks or power outages that render medical records inaccessible. Hospitals must be adequately prepared for such contingencies, implementing robust protocols to maintain continuity of care. Not having access to past medical records is not an excuse for substandard patient care; it should not impede the delivery of accurate and effective treatments.

Experienced medical malpractice attorneys often encounter cases where hospitals attempt to justify errors by claiming that record keeping is not part of the standard of care. This argument, however, is fundamentally flawed. The standard of care encompasses all actions necessary to diagnose, treat, and care for patients effectively. Therefore, the inability to access medical records should not be used as a defense for failing to provide appropriate care. Hospitals and medical professionals are expected to have contingency plans in place to manage patient care even when electronic records are unavailable.

Moreover, healthcare providers have various tools and resources at their disposal to ensure continuity of care, such as maintaining updated physical records, consulting with colleagues, and relying on patient and family-provided medical histories. These measures help mitigate the impact of data breaches and power outages, ensuring that patient care standards are upheld. Ultimately, the responsibility to deliver competent and effective healthcare lies with the medical professionals and institutions, and they must be held accountable for any lapses, irrespective of the challenges posed by technological failures.

Holding Healthcare Providers Accountable

If you feel like a hospital or doctor has made an error due to a cyber-attack, they are still responsible for the standard of care.

Seek Experienced Legal Medical Malpractice Help

If you have been injured due to medical negligence, our experienced Medical Malpractice team can help you determine if a medical facility and their medical professionals have put your life and health in jeopardy. Contact us for a free consultation. 248-531-8665