What is the issue and relevant laws pertaining to this scenario? What would be the facts for and against the plaintiff? What is the rationale behind how Pumpkin General would win this case? please list in bold each answer .

JAD TeK is an IT support company based in Gainesville, Florida with a staff of 25 employees. JAD contracts with other companies when additional staffing is needed for technical support. JAD provides computer, software, and network support to companies that use MS windows, Mac, and smartphones. JAD provides both hardware and software break/fix for laptops, PC's, smartphones, and network switches if needed,but also fixes software issues in the client computers. This does not exclude rebuilding the operating system in the client's PC and other computer peripherals. JAD provides a help desk where customer requests and incidents can be triaged over the phone or via a chat option. The help desk can remote into devices or schedule on-site visits if needed. JAD has been doing business in Florida for over 20 years and is providing technical support to over 100 companies in Florida. JAD generated 188 million dollars last year and has been trending up 5% over the past 4 years.

Pumpkin General Hospital was established in 1986 by Dr. Charles Brown. Pumpkin General is a premiere facility that houses the best neurology and cardiovascular teams in all the southeast. The hospital is in Orlando, Florida and has a staff of 2000 doctors and nurses that support it. The population in the greater Orlando area being served by Pumpkin General is 325,000. The two local professional teams in Orlando use this hospital for their team surgical needs. Pumpkin General made 200 million dollars last year, over the last 5 years the hospital has seen increase of revenue up to ~10%. The hospital is looking to find an IT contractor that can assist with design, device, network, and security patching support.

The contractual agreement between JAD and Pumpkin General Hospital was support of computers remotely and onsite, network hardware, and security patching of the network. JAD is permitted by Pumpkin General to login to client computers to resolve any issues requested from Pumpkin General. In the agreement JAD must use third party software to prevent bystanders from seeing what the technicians are doing on the screen. This aids in the privacy of work being done at an unattended computer. This is to keep patient records and confidential information from being stolen or exposed. It's stated in the agreement that when a JAD technician is on site other methods can be used, like a flash drive that allows the technician to install software in the client computers. The agreed upon process between both parties is that any device that has software loaded needs to be scanned for viruses before it is used on a Pumpkin General computer and allowed onto the network.

There was a security event that occurred on October 31^st at Pumpkin General. A newly hired technician from JAD used a flash drive to load software on a computer at the hospital. The technician was unaware that the flash drive contained a bug and loaded it onto the computer. When the JAD help desk remotely logged into multiple pc's at Pumpkin General they received a phone call stating from the end user the software privacy feature when remoting into computers on the Pumpkin General network wasn't working. Over the next two days the hospital was compromised from a security standpoint. Due to that event an individual not associated with the hospital was able to see medical records of patients when at the hospital. There was an unmanned station at the hospital that was accessible to anyone who could be walking past it. There was an individual that was able to position themselves just right to take pictures with their phone and then posted information on the internet. Some of the leaked medical information pertained to athletes from the two local teams that use that facility. Some of the compromised patients could see their medical information published on the web taken via a camera and including the Pumpkin General logo.

Pumpkin General is now facing lawsuits from the compromised patients and has sought legal counsel to determine its legal rights in filing a lawsuit as well