Brannigan V M, Dayhoff R E
Am J Law Med. 1981 Summer;7(2):123-44.
During the past ten years, the use of computer programs in medicine has become increasingly prevalent. As these programs proliferate, however, their potential to injure patients also increases. Although the question of liability for personal injuries caused by defective medical computer programs has not been addressed by the courts, it is inevitable that this question will arise in a judicial forum. In this Article, the authors examine the questions a court will face when addressing this novel cause of action. They attempt to resolve some of these questions by exploring the relevant characteristics of medical computer programs and examining their relationship to the tort law doctrines of negligence and strict products liability. The authors conclude that medical computer programs will be treated as products by the courts, subjecting their manufacturers to strict liability in tort for any defects in the program that cause injury. As a result, the authors contend, hospitals are likely to face a new source of liability for patient injuries if, under the particular circumstances, they are deemed to be the manufacturer or the distributor of a medical computer program that causes an injury.
在过去十年中，计算机程序在医学领域的应用日益普遍。然而，随着这些程序的激增，它们伤害患者的可能性也在增加。尽管法院尚未处理因有缺陷的医学计算机程序导致人身伤害的责任问题，但这个问题在司法论坛上出现是不可避免的。在本文中，作者探讨了法院在处理这一新型诉讼理由时将面临的问题。他们试图通过探究医学计算机程序的相关特征并审视其与过失侵权法和严格产品责任法原则的关系来解决其中一些问题。作者得出结论，法院将把医学计算机程序视为产品，其制造商将对程序中导致伤害的任何缺陷承担侵权严格责任。因此，作者认为，如果在特定情况下医院被视为导致伤害的医学计算机程序的制造商或经销商，那么医院可能会面临患者伤害责任的新来源。
