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A couple of lessons on the hazards of proprietary softwareA couple of lessons on the hazards of proprietary softwarePosted Aug 10, 2006 12:14 UTC (Thu) by fjf33 (subscriber, #5768)In reply to: A couple of lessons on the hazards of proprietary software by bluefoxicy Parent article: A couple of lessons on the hazards of proprietary software
It would all depend on context. The Dr. Notes people may have agreed as long as you paid the 4x maintenance. After all they can't be asked to do stuff for free just because you don't want to use their software anymore. It would depend on the contract you signed. If you signed a contract that specifically allowed them to do what they did, well then you were derelict on your duties and put your patients at risk. It would be sensible for the doctors to also keep a paper copy of the records somewhere. What if the software just came down for some reason or another?
All of this just doesn't change the fact that they would've been much better off with OSS but I don't think a lawsuit would've been a walk in the park either.
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A couple of lessons on the hazards of proprietary software Posted Aug 10, 2006 12:38 UTC (Thu) by lysse (guest, #3190) [Link] In a country where someone won a lawsuit because her coffee was unreasonably hot, despite her doing a silly thing with it? It might not be a walk in the park, but I'd say the odds are at least high enough that it's worth a go. Even if the doctors can't sue, there might well be grounds for the patients being able to. (IANAL.)
A couple of lessons on the hazards of proprietary software Posted Aug 10, 2006 18:31 UTC (Thu) by fjf33 (subscriber, #5768) [Link] IANAL either but I agree the patients would have a much better chance, particularly if it is a state where they can get the full money from whoever has it, independent of their contribution to the problem. So if the doctor has insurance, he will probably pay most of the penalty anyway. It would be an interesting test of the EULA though. The software company may just be in the hole for the cost of the license.
Hot Coffee, Cold Case Posted Aug 10, 2006 22:15 UTC (Thu) by GreyWizard (guest, #1026) [Link] http://en.wikipedia.org/wiki/McDonald%27s_coffee_case
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