HealthIT Answers January 29, 2022
By Matt Fisher, General Counsel, Carium
A recurring pattern has developed when it comes to data breaches. The first part of the pattern is that healthcare is under constant cyber attacks that challenge security measures while aiming to get access to private and sensitive information within the systems. The prevalence of data breach notifications underscores how frequently security measures are being circumvented.
The second developing part of the recurring pattern is that bigger data breaches (though the size seems to be shrinking) result in lawsuits, which often seek certification as a class action. The certification as a class action is necessary because a lawsuit cannot necessarily automatically start as a class action. As a quick aside, a class action is...