I recently had opportunity to publish an article in the DRI Medlaw Update regarding the challenges posed by Electronic Health Records (EHRs) technology within the context of medical malpractice cases. In the article, I address how EHRs operate and how they differ from the more familiar paper medical chart.

First, I explore the concept of “export distortion” and its impact on producing a patient’s chart from within an EHR system. Next, I review the issue of EHR audit trails, and how they relate to disputes over the authenticity of reliability of a patient’s medical record. Finally, I analyze the critical distinction between correcting an electronic medical record and fraudulently altering one.

I conclude the article with the observation that the advent of EHR technology has given rise to new medico-legal disputes in traditional medical malpractice cases. As these disputes continue to evolve, I encourage attorneys retained to defend health care practitioners to stay informed about these rapidly changing circumstances.

Read the full article (PDF)