Sufrside Non-surgical Orthopedics has filed a class-action lawsuit against Allscripts EHR vendor due to the ransomware attack in mid-January that shut down 1500 users. The five charges include negligence, breach of contract, unjust enrichment, violating the Illinois Consumer Fraud Act, and violating the Illinois Uniform Deceptive Trade Practices Act. The forced EHR downtime meant that the practice could not access patient medical records, electronically prescribe medications or access other Allscripts offerings. This interruption meant the practice had to cancel appointments and reschedule them later contributing to lost revenues, and significant time and effort.
This lawsuit continues the uptick in EHR vendor lawsuits, like the recent class-action against eClinicalWorks. Traditionally, providers have been the target of lawsuits due to vendor gag clauses, or hold-harmless clauses, in their contracts. The DoJ may begin to investigate EHR Vendors for false claims, and we might begin to see a shift to EHR vendor liability.
Find the original article here at EHRIntelligence.com