Lindsay Wiley and I just posted Liability for Mobile Health and Wearable Technologies that is forthcoming in Annals of Health Law. As we argue–Most of the legal commentary regarding mobile health has focused on direct regulation leveraging existing laws and regulators such as HIPAA privacy through HHS-OCR or device regulation by the FDA. However, much of the mobile health revolution likely will play out in lightly regulated spaces bereft of most of the privacy, security, and safety rules associated with traditional health care. This article examines the potential for common law liability models to bridge these gaps (even on a temporary basis).
Download the paper on SSRN here.
