Fischman v. Epic: The Upset
Summary
A court decision let most of the claims against Epic survive a motion to dismiss, creating a notable legal setback for the EHR vendor. The ruling treats the EHR as a possible product under Texas law and suggests the vendor may owe a duty of care directly to patients. That interpretation could influence litigation risk across the EHR market and broader software industry. Vendors selling healthcare software may now watch for downstream liability, compliance, and insurance implications.
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