Transcription Service Disclaimer

Force Majeure

Cybernation will not be held responsible in any way for disruption in services caused by circumstances beyond our control like Forces of Nature, Acts of God, Failure of one or more services on whom the services offered by Cybernation are dependent i.e. services like (but not restricted to) Internet, Telecom and Power.

Transcription Service Disclaimer

Cybernation Infotech, Inc. i.e. the business associate makes every effort to deploy the best and the most conscientious talent to work on the transcription jobs outsourced to them by their clients i.e. the Covered Entity. Such a workforce produces accurate documents which generally are of a very high quality. Now, in the real world one must always consider the possibility of things that can go wrong because of which the accuracy of a transcribed report can get inadvertently compromised. The following is a list of things (but is not limited to) that may possibly contribute or adversely impact the quality of a transcribed report:

1. 1) Dictation Error(s) - The dictator himself / herself makes a dictation time error which simply gets transcribed verbatim.

2. 2) Similar sounding words there are many similar sounding words which can lead to them being deciphered wrongly and hence transcribed likewise.

3. 3) Oversight (and or negligence) reports are transcribed by humans and no matter how carefully the work is carried out, there is always the possibility that a report that is not yet rechecked / edited properly may get mistakenly posted / uploaded to the end client.

4. 4) Typographical errors - The transcriber is hearing correctly deciphering correctly, knows the correct spelling but still makes an error while typing it leading to an error.

5. 5) Technical error - Cybernation Infotech, Inc. i.e. the business associate makes the best use of technology at its disposal, but despite that a transcribed file can get corrupted.

6. 6) Numbers transcribing mathematical observations like blood pressure or medicine dosages can be easily misinterpreted and get wrongly transcribed.

7. 7) Abbreviations and symbols are dangerous constituents because they can be easily misinterpreted.

8. 8) Audio quality - The quality of the audio recording largely determines the quality of the output. If there is a background noise or disturbance, like humming sounds from other devices operating in the vicinity or a dictator who records dictations while driving etc then it can lead to a marked reduction in the quality of the audio recorded which in turn can and generally does impact the transcript quality.

Due to these reasons it is the responsibility of the dictator who dictates the audio files on behalf of the Covered Entity to check for the correctness of the transcribed documents presented by the business associate, before using them for any purpose with or without their signatures.

This is based on the premise that only the "dictator" (who has dictated the audio files) knows best as to what he or she had dictated. The dictator must also be aware of and appreciate it for a fact that no matter how good and experienced the transcriber talent the business associate has deployed, they are nowhere near as educated or qualified as the dictators themselves. The transcribers work although of a very good quality cannot be thought of as being perfect by the dictator or for that matter any representative of the Covered Entity. The transcribers therefore and so the business associate they work for, simply cannot be made responsible for providing the final version of the transcribed report. The responsibility of taking the last scrutinizing look into the transcribed document lies entirely with the dictator who dictates the audio files on behalf of the Covered Entity. The dictator therefore is the last person in the chain who declares the transcribed document worthy of further use typically but not necessarily stamping their approval for further use by either electronically or physically signing the transcribed document.

So, it is important to mention here that the transcribed reports which the business associate presents to the Covered Entity are provided on a best effort basis and they are delivered to them without any express or implied warranty of any kind including but not limited to warranties of fitness and use of the service provided (i.e. the transcripts) for any purpose be it legal or otherwise. It is the individual customer's (dictator's) complete responsibility and obligation to independently scrutinize each document / transcript they receive to assess its quality and to make sure that they (services and / or products) meet the desired standards of quality before making any use of the transcripts.

If errors are not corrected by the Covered Entity then the faulty transcripts can raise questions as to whether proper care is being given to the patients in general and can possibly also lead to errors / mistakes in patient treatment, when coded it can impact billing, in claims for reimbursement. Errors in the patient's history can lead to denial of employment and insurance benefits. Errors and omissions can lead to more serious errors during future diagnosis and treatment of the patient. The Covered Entity is aware of these consequences and agrees to the fact that transcription errors, no matter how rare or frequent they are, need to be weeded out by either the dictator himself / herself or by any other competent person authorized / deputed by the Covered Entity to give the transcripts a thorough proof read before declaring it good enough to use.

The Covered Entity agrees that Cybernation Infotech, Inc., i.e. the business associate, while duty bound to create the best possible transcripts, is not liable in any way for any damages that may occur or arise from the use of the transcripts provided, or for any errors, omissions or faults that may appear on the transcripts presented. Hence, in no event shall Cybernation Infotech, Inc. OR its Owners, Directors, Transcribers, Employees, Sub-contractors, Agents or Officers be held liable for any damages whatsoever arising out of the use of the transcribed documents presented by them including, but not limited to loss of reputation, loss of goodwill, resulting in problems to the patient whose report it was, for loss of profits, for business interruption and loss of time, energy and resources or for loss of information either directly or implied, even if Cybernation Infotech, Inc., the business associate has been advised of the possibility of such damages.

Further, the Covered Entity must ensure that the errors which they spot and the mistakes that they correct in the transcripts which the business associate provides them are all relayed back to the business associate in the form of a feedback. As the business associate Cybernation Infotech, Inc. will make every effort to maintain a database whereby feedbacks can be retained for reuse in the future thereby increasing the accuracy of the subsequent reports presented to the Covered Entity. As the business associate Cybernation Infotech, Inc. will also bring to the attention of the concerned personnel at the Covered Entity if they identify dictation time errors made by the dictators if they spot any.