Despite the potential of mobile healthcare, experts say they worry about the added risks of security breaches, privacy violations and other concerns that come with the increasing use of mobile technology.

Erin McAlpin Eiselein, an attorney and a partner at Davis, Graham & Stubbs, LLP in Denver, says one of the primary concerns for physicians engaging in mHealth is maintaining patient privacy of electronically stored protected health information or “ePHI.”

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The “economic loss rule” provides that a party who suffers only economic harm may recover damages for that harm based only upon a contractual claim and not on a tort theory, such as negligence or strict liability. The law of torts provides a basis for recovering for personal injury or property damage.

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