On Thu, 28 May 1998 19:10:28 GMT [log in to unmask] wrote:
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Graham Ride writes:-
>Another matter which concerns me is that some statements made by clinical
>system suppliers concerning the PC hardware problem leave a lot to be
>desired in terms of their understanding of the problem, how to check it and
>how to fix it. HAs ought not to rely upon statements made, they will have to
>check if they wish to be the arbiter of what you require. Does an HA take on
>a liability here if they get it wrong. If so, maybe, for that reason they've
>been advised by lawyers not to do this. If this is the case, shouln't they
>inform GPs not to rely on what they say or imply? Comments, Graham Ross?"
Assuming a claim for Y2KOK status of a system turns out to be
incorrect,then...
If HA say "We've looked into it and it is Y2KOK" then liability.
If HA say "Supplier X says the system is Y2KOK" then no liability,unless can
show they had knowledge of potential problems, eg from independent advice
or information that comes their way, and they do not attempt to check or
warn.
Frankly from what I now know, I think HAs generally are already heavily
exposed to liability for med dev/system failure. Not from what
representations they have made but from what they have not said or done.
They have failed to tackle manufacturers/suppliers and not only allowed
funds to drain out of the system but incurred the increased treatment cost
of Y2K related iatrogenic illness. I could not imagine a worse way in which
to conduct a policy of "dealing" with Y2K.
What, somewhat ironically, will make matters worse for HAs, is that by the
time 2000 comes round, they will have taken upon themselves,through PCGs,
greater exposure to liability for primary care level personal injury. Like
the EURO, these things should be best left until after 2000. If I was an HA
Chairman I would be signing up with Ahmad!
But,lets not be too negative here. I think GPs can play a very positive role.
You could be working with patients jointly in a named patient
correspondence campaign that clearly fixes liability and accountability
with suppliers/manufacturers at a stage when there is still time for them
to do something about it.
Graham Ross
Graham Ross
Solicitor
Ross & Co
Y2K-LAW
Liverpool, UK
+44 (0)151 284 8585
+44 (0)151 236 6035-fax
Y2K-LAW:- http://www.y2kalert.com
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