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T-Space at The University of Toronto Libraries >
Journal of Medical Internet Research >
Volume 2 (2000) >

Please use this identifier to cite or link to this item: http://hdl.handle.net/1807/4580

Title: Rating the Raters: Legal Exposure of Trustmark Authorities in the Context of Consumer Health Informatics
Authors: Terry, Nicolas P
Keywords: Short Paper
Medical Informatics Applications/legislation and jurisprudence
Consumer Health Informatics
Risk management
Liability, Legal
Issue Date: 19-Sep-2000
Publisher: Gunther Eysenbach; Centre for Global eHealth Innovation, Toronto, Canada
Citation: Nicolas P Terry. Rating the Raters: Legal Exposure of Trustmark Authorities in the Context of Consumer Health Informatics. J Med Internet Res 2000;2(3):e18 <URL: http://www.jmir.org/2000/3/e18/>
Abstract: [This item is a preserved copy and is not necessarily the most recent version. To view the current item, visit http://www.jmir.org/2000/3/e18/ ] There are three areas of potential legal exposure for an organization such as a trustmark authority involved in e-health quality rating. First, an e-health provider may make a complaint about negative or impliedly negative ratings rendered by the ratings body (false negative). Typically, a negative ratings complaint would rely on defamation or product disparagement causes of action. In some cases such complaints could be defended on the basis of absence of malice (US). Second, the rating body might render a positive rating on e-health data that a third party allegedly relied upon and suffered injury (false positive). While the primary cause of action would be against the e-health data provider, questions may arise as to the possible liability of the trustmark authority. For example, some US liability exposure is possible based on cases involving the potential liability of product warrantors, trade associations, and certifiers or endorsers. Third, a ratings body may face public law liability for its own web misfeasance. Several risk management approaches are possible and would not necessarily be mutually exclusive. These approaches will require careful investigation to assess their risk reduction potential and, in some cases, the introduction of legislation.
Description: Reviewer: Stanberry, Benedict
URI: http://hdl.handle.net/1807/4580
ISSN: 1438-8871
Other Identifiers: doi:10.2196/jmir.2.3.e18
Rights: Copyright (cc) Retained by author(s) under a Creative Commons License: http://creativecommons.org/licenses/by/2.0/
Appears in Collections:Volume 2 (2000)

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