Tuesday, February 17, 2015

Electronic Medical Records and Medical Malpractice Suits: Six Common Issues

Many physicians currently employ some kind of Electronic Medical Record (EMRs) and although many issues related to paper charts have been resolved, the EMR isn't foolproof. Some common ways physicians might get burned or even sued while using EMRs include: security breaches, password difficulties, meeting the standard of care, input errors, ignoring clinical decision-making support, and communication with the patient.
Passwords must be protected and secret to safeguard confidential patient data. Independent passwords for every employee will help determine someone that could be breaking workplace policies. Clear, well-defined guidelines regarding internet use and password defenses can minimize the chance for security breaches. If a security breach does occur, there is a legal and moral duty  to inform the individuals affected. HIPAA has created specific processes for notice to patients who have been potentially affected by a security violation of their confidential health information.
EMR alerts are created to assist the physician’s decision making process, but ignoring or over-looking these warnings could put the doctor and patients at risk. EMRs often report the total amount of time spent reading alerts thus speeding through them could be a major factor in a lawsuit. Standard of care concerns are also impacted by the usage of EMRs. Some EMRs have devices to inform about certain criteria or issues and not using the various tools provided within the EMR may result in lawsuits.
Input errors and sloppy records can be a road map for or, in the least, can raise concerns about competence in a medical malpractice situation, even if the mistakes or omissions had nothing to do with the results. Communication is another potential pitfall in that some patients feel the doctor is not listening or focusing on their issues, but instead on a computer.  Patients feeling too little connection to their doctor are more likely to sue.
There are lots of issues that could lead to litigation, although EMRs have tremendous potential to boost quality and continuity of care. Accurate and appropriate use of the EMR is essential to prevent litigation risks.

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