Imagine on your right is a medical device, “A”, used in hospitals to track a patient’s blood oxygenation levels. On your left is a mobile health-based application, “B”, that also tracks a patient’s blood oxygenation levels. Medical device “A” is extremely sophisticated and, unsurprisingly, expensive. Mobile health-based application “B” is portable, convenient, and a fraction of the cost of “A”. Assume that “B”, while lacking some marginal features, still collects and transmits data that is as accurate, complex and as reliable “A”.
42 Rutgers L. Rec. 257 (2015) | WestLaw | LexisNexis | PDF