Could the new FDA-approved watch from Apple provoke litigation?

Some lawyers warn that Apple's unveiling of its FDA-approved 4-series smartwatch that can perform an electrocardiogram and alert health care professionals in an emergency can expose the tech giant to lawsuits for bodily injury.

Apple executives and the head of the American Heart Association on Wednesday welcomed the new watch as both an advanced health tracker and a gadget for detecting irregular heart problems in users "at any time and in any way place".

But a lawyer claims that advancement could lead the tech giant to crossfire because of the law on portability and liability insurance (HIPAA) if all the warnings are not detailed to users.

"[They] Customers must be informed about the data stored about them and the recipients, and what to do if the watch is lost, "says Bryan Rotella, GenCo Legal's Founder and CEO.

However, Mark Lanier, founder of The Lainer Law Firm, adds that Apple will likely have all the warnings associated with the device in the usage agreements before a user can access this feature, which will prevent the giant from technology exhibition "if the function fails at a critical moment".

However, Rotella says that he can certainly predict two bad scenarios for the company by adding this electrocardiogram feature.

"First of all, thousands of users are rushing into the emergency room that is stretched and understaffed because their Apple Watch incorrectly says they have an irregular heartbeat," says Rotella. "Second, users with real symptoms, but Apple Watch says" OK "and [they] end up with a major cardiac event, "he says, adding that both scenarios could potentially lead to multiple consumer fraud and malpractice lawsuits for the company.

However, not all lawyers see such a potential for personal injury and privacy lawsuits.

"The fact that the technology is approved by the FDA, no more, does not necessarily change Apple's obligations under laws like HIPAA," said Erica Holzer, litigation attorney at Maslon in Minneapolis, at FOX Business.

"What matters is how and to whom protected health information is transmitted. Apple is a sophisticated company that understands how to process protected health information. My biggest concern would be that smaller application developers are looking to enter this space, but may not have laws like HIPAA on their radar.

Apple representatives did not immediately respond to FOX Business's request to comment on potential liability issues related to its new watch.