How would I go about this business without assuming liability for confidentiality breaches?

[JackM678]

What is the name of your state? Texas.

I'm a software developer and I'm working on a new project which has been of some interest by others who are looking for a more affordable option to staff and manage their summer camps. Camp management services can cost 5000 dollars or more for the summer, and some camps are either community camps with low or no fees, and some are organizations which rent out locations only 1-2 weeks per year, so they either use a limited tools service or they do everything either on paper or with out of the box software such as Microsoft Office.

However, I'm only willing to do it for them if there is a way to be able to get camps and parents to understand and acknowledge the personal information and medical records they are submitting to the database are all at their own risk, and that I make no representation of the application being HIPAA compliant and will not be held legally liable for any breaches, bugs, or hacks which cause any sensitive or confidential information to be stolen.

If I have to go through all those processes of conforming to HIPAA compliant software standards and paying for insurance to cover for damages that I might be responsible for, it's not worth it. Before getting an attorney to do all this paperwork after I finish designing the application, I just wanted to know if any of this is possible.

 

[Taxing Matters]

What is the name of your state? Texas.
Before getting an attorney to do all this paperwork after I finish designing the application, I just wanted to know if any of this is possible.

It is possible to limit most or all of your liability for consequential damages from the use of the software, but you need an attorney to help you draft it and advise you how to ensure that parents, etc., also acknowledge the waiver of liability. Most attorneys will give you a free initial consultation, so consult at least one attorney and perhaps several attorneys and see what they can do for you and what it'll cost.

 

[quincy]

What is the name of your state? Texas.

I'm a software developer and I'm working on a new project which has been of some interest by others who are looking for a more affordable option to staff and manage their summer camps. Camp management services can cost 5000 dollars or more for the summer, and some camps are either community camps with low or no fees, and some are organizations which rent out locations only 1-2 weeks per year, so they either use a limited tools service or they do everything either on paper or with out of the box software such as Microsoft Office.

However, I'm only willing to do it for them if there is a way to be able to get camps and parents to understand and acknowledge the personal information and medical records they are submitting to the database are all at their own risk, and that I make no representation of the application being HIPAA compliant and will not be held legally liable for any breaches, bugs, or hacks which cause any sensitive or confidential information to be stolen.

If I have to go through all those processes of conforming to HIPAA compliant software standards and paying for insurance to cover for damages that I might be responsible for, it's not worth it. Before getting an attorney to do all this paperwork after I finish designing the application, I just wanted to know if any of this is possible.

Any waiver of liability, no matter how carefully drafted, can be challenged in court. There will be no guarantee that you won’t be sued.

In addition to having a waiver form carefully drafted by an attorney, therefore, you would also want insurance enough to cover the costs of a lawsuit (or fines) should your best efforts prevent legal action fail.

 

[adjusterjack]

If I have to go through all those processes of conforming to HIPAA compliant software standards and paying for insurance to cover for damages that I might be responsible for, it's not worth it.

As you can see by the search results there is professional liability insurance available for software developers.

software developer professional liability insurance at DuckDuckGo

If any of your software is already "out there" you are already at risk of a lawsuit.

 

[quincy]

Insurance is an often-overlooked but vital necessity for anyone in business with the public.

 

[adjusterjack]

Insurance is an often-overlooked but vital necessity for anyone in business with the public.

That should be the Eleventh Commandment - Thou shalt not go into business without first buying insurance.

I can't begin to count how many posts I have read from people who are already conducting business and are just starting to ask about liability, waivers, insurance.

They don't understand that the first item they sell, or the first person for whom they perform a service, could result in a liability lawsuit that can drive them into the poorhouse.

 

[LdiJ]

With any business I was ever involved in, the first thing we did was purchase liability insurance. However, I was also the daughter of an insurance agent and therefore was predisposed to know the importance, AND to know that business liability insurance was not very expensive, either.

 

[quincy]

That should be the Eleventh Commandment - Thou shalt not go into business without first buying insurance.

I can't begin to count how many posts I have read from people who are already conducting business and are just starting to ask about liability, waivers, insurance.

They don't understand that the first item they sell, or the first person for whom they perform a service, could result in a liability lawsuit that can drive them into the poorhouse.

This is an extremely litigious society. The first thought way too many people have when experiencing even a minor irritation like a neighbor’s barking dog is, “I’ll sue!”

Great for attorneys, perhaps, but not so great for everyone else.

 

[Taxing Matters]

Great for attorneys, perhaps, but not so great for everyone else.

Not really good for attorneys either. Most attorneys give free initial consultations. Most also don't want that time wasted with frivolous or petty claims because that doesn't make the attorney much if any money and they are not good for the lawyer's reputation. You'll find some bottom feeders who would take this stuff, but the good ones wouldn't touch those kinds of claims.

 

[quincy]

Not really good for attorneys either. Most attorneys give free initial consultations. Most also don't want that time wasted with frivolous or petty claims because that doesn't make the attorney much if any money and they are not good for the lawyer's reputation. You'll find some bottom feeders who would take this stuff, but the good ones wouldn't touch those kinds of claims.

I don’t believe “most” attorneys offer free initial consultations. It depends largely on the legal specialty but also will vary from attorney to attorney, law firm to law firm.

Personal injury attorneys are attorneys who typically offer free initial consultations and, because personal injury attorneys are perhaps the ones consumers are most familiar with due to frequent advertisements on TV, this might give TV-watchers the impression that free initial consultations are the norm.

When you meet with an attorney for the first time, you should expect to pay for the attorney’s time. If you are looking for a free initial consultation, be sure to ask the attorney about his rates before scheduling an appointment.

 

[Taxing Matters]

It depends largely on the legal specialty but also will vary from attorney to attorney, law firm to law firm.

I agree with that, certainly.

When you meet with an attorney for the first time, you should expect to pay for the attorney’s time. If you are looking for a free initial consultation, be sure to ask the attorney about his rates before scheduling an appointment.

A prospective client should always ask about fees, what the initial consultation would cover, and the cost. If they don't ask, I tell them what my practice is for that before meeting them. Having someone come in with unrealistic expectations generally leads to a poor outcome at the meeting, which frustrates both the attorney and prospective client. It's better to start things off without the conflict brought about by differing expectations.

 

[quincy]

...A prospective client should always ask about fees, what the initial consultation would cover, and the cost. If they don't ask, I tell them what my practice is for that before meeting them. Having someone come in with unrealistic expectations generally leads to a poor outcome at the meeting, which frustrates both the attorney and prospective client. It's better to start things off without the conflict brought about by differing expectations.

Agree.

 

[adjusterjack]

Personal injury attorneys are attorneys who typically offer free initial consultations and, because personal injury attorneys are perhaps the ones consumers are most familiar with due to frequent advertisements on TV, this might give TV-watchers the impression that free initial consultations are the norm.

More than likely a prospective personal injury client will be triaged by a paralegal before ever getting that free consultation with the attorney.

 

[quincy]

More than likely a prospective personal injury client will be triaged by a paralegal before ever getting that free consultation with the attorney.

Right. Potential clients are generally screened by a paralegal or office assistant before a meeting with the attorney is scheduled. The attorney will have a general idea of what the potential client’s issue is before s/he sits down with the potential client.

 

[JackM678]

What can they possibly sue you for if they agreed in a waiver that they wouldn't? I mean, they already acknowledged that it is not HIPAA compliant, so what medical information being leaked in a summer camp registration could possibly cause any damages that they could sue for? That's just stupid. I mean, some hacker finds out that their Johnny wets the bed due a medical reason. That doesn't cause damage.