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What if the new Apple Watch causes a failure to diagnose?

Technophiles and other technology enthusiasts were recently able to watch the unveiling of the newest iPhone as well as Apple's newest product, the Apple Watch. While to some it may appear to little more than app-laden watch, Apple claims that it can do so much more, including replacing healthcare workers. Now, some experts are wondering whether Apple might have to face medical malpractice claims if it's new watch makes or causes a failure to diagnose.

In a fast-paced, technology-driven world, an advancement like the Apple Watch that claims to be able to diagnosis its users may seem exceptionally convenient to New Jersey residents. In addition to diagnosing, Apple even says that the watch can suggest different treatments that may be effective. However, what happens when the watch gets a diagnosis wrong, or misses one altogether?

Privacy is also a concern for some experts. Health tracking can include very intimate details of an individual's life. In a typical healthcare establishment, these private details are protected by HIPAA. Data and information for Apple Watch users will be stored on Apple's iCloud, which may leave some people's information at the risk of being hacked.

Aside from the privacy concerns that some have voiced, what happens when technology such as the Apple Watch makes a failure to diagnose? Apple could potentially face a slew of medical malpractice claims by users who could be injured by a wrong or missed diagnosis, or by following suggested medical advice that is not appropriate for them. Victims in New Jersey who have suffered after having a missed diagnosis may find that the successful litigation of a medical malpractice claim may help cover medical bills, both past and future, as well as other related expenses.

Source: dallasblog.com, "Apple Watch Could Face Medical Malpractice Lawsuits", Tom McGregor, Sept. 15, 2014

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Alan D. Bell
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