Blockchain and the civil liability of the doctor
By Baddauy Lawyers From Lexology
Brazil
One of the major challenges in litigation in the area of medical liability is the issue of proof, and medical records are the main document. However, the medical record is not always located, or contains all the necessary information.
The medical diagnosis begins with anamnesis. As is well known, it is a fundamental procedure for the purpose of diagnosis and the institution of appropriate therapeutic procedures in each case. All information is important, and what seems insignificant to the patient may be of paramount importance for diagnostic purposes; in summary, the health professional usually works from what is narrated by the patient, or by the person in charge.
Often the patient, when attending a medical appointment, has consulted with other professionals, performed other treatments, and the facts are not always reported during the anamnesis, although the absence of incorrect and / or inaccurate data or information may cause an outcome not expected by the patient.
But how far can the health professional be held accountable for his or her behavior?And in the event that only when receiving the quotation and reading the initial action is the doctor aware of the patient’s complete health history? Added to all this is a scenario in which the courts have prevailed the understanding that, when it comes to civil liability of the physician, the burden of proof is on the professional, who, in theory, would be more able to prove that he did not act with recklessness, negligence or malpractice. This is where the importance of blockchain technology (“block chain”) comes in, guaranteeing the authenticity and preservation of the data, whether in the consultation, for the purposes of formulating a diagnosis and establishing therapeutic procedures, or for purposes of proof in the process.
As well punctuated by Fernanda Fortuna [1] the patient’s critical information is generally scattered everywhere he has been treated and “with this new model, patients would have the data available, independent of the electronic medical record system that institutions used [ …] in the long term, a national “blockchain” network for medical records can improve efficiency and support better health outcomes for patients. The idea is to perform an individual and longitudinal record of the patient.These records would go well beyond data on episodes, illnesses, laboratory results or treatments. Genetic, nutritional, lifestyle, and even family history data could be compiled. This could maximize treatments and optimize preventive medicine. “
Thus, blockchain technology will certainly revolutionize the health sector, as it will be possible to obtain complete patient information, and as a consequence will benefit and optimize the work of all law area of medical liability.
Baddauy Advogados – Polyana Keiko Shishido
