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Electronic Medical Record.Electronic health records (EHR) have become standard in today’s medical field. Creating faster, more accessible charting and communication, both doctors and patients are taking advantage of this system. However, these programs can introduce problems, including misdiagnosis of medical issues and an increase in medication errors. History shows that malpractice suits tend to rise with technological advances, as this has certainly been the case with EHRs.

Types of Error

Responsibility for medical blunders lies with both humans and computers. For example, program design requires a specific order of documentation. In one case, a patient’s allergy was documented by a nurse, but not electronically posted in the program until after the doctor had completed the exam notes. The doctor’s ill-informed prescription resulted in an allergic reaction, and a subsequent lawsuit. Other possible EHR mistakes have been reported in court as well. Below is a list of the most common issues.

  • Data entry mistakes, the most obvious human error, are responsible for the majority of lawsuits.
  • Automatic fill-in and default templates are not reviewed properly, resulting in misinformation.
  • Copy-and-paste errors occur when medical staff is not careful with chart reviewing.
  • Improper training can lead to misuse of the program.
  • Lack of system alerts can cause medical professionals to overlook important information.
  • System failures can wreak havoc on many levels.
  • Patients can misinterpret information.

In the Courtroom

In the past, hand-written records could be deemed illegible in a courtroom. However, this problem does not occur with electronic records. While any combination of human or technological error may have occurred, courts consider EHR as official documentation.

Also of concern is the extensive amount of data available in electronic medical records. With so much more information to sift through, it is easier to overlook important medical details.

Heavy debate also surrounds the authenticity and dependability of electronic health records. These programs are responsible for processing payment, as well as documenting health records and multiple other tasks. The debate questions the exchange of insurance coding and other information between two or more parties. Who has access to the program? Can they manipulate medical portions of the program to affect billing outcomes? These are important points to consider when involved in a possible malpractice lawsuit.

Standard of Care

The evolution of the electronic medical record could create a shift in the legal standard of care that is expected of physicians. “Clinical decision guidelines” are installed in each program by manufacturers. A physician may, in good faith, choose a different course of treatment for a patient. By overriding a program alert, he or she could be held liable for malpractice. This potential for confusion and misinterpretation of who defines “standard of care” has instigated a recent discussion and will undoubtedly be considered in future cases.

Malman Law Can Help

With approximately 2,000 statutes and regulations governing these electronic programs, there are still many loopholes that can result in doctor and patient error. If your health has been compromised due to an electronic health record error, understanding your legal options is essential. The changing technological tides in the medical world can be overwhelming. Pursuing a medical malpractice lawsuit may seem equally daunting, but the team at Malman Law is committed to making the process as smooth as possible. We have successfully obtained compensation for countless clients, and we want to help you. Contact us today for a free consultation.

Firm Awards & Recognitions

Steven Malman was selected to the list. The list is issued by the American Institute of Legal Counsel. A description of the selection methodology can be found at http://www.aiopia.org/selection/.

  • Steven Malman was selected to the list. The list is issued by the National Academy of Personal Injury Attorneys. A description of the selection methodology can be found at http://www.naopia.com/selection-process.

  • Steven Malman was selected to the list for 2018-2019.

  • Only the top 100 trial lawyers from each state or highly-populated regions of certain states who are actively practicing in civil plaintiff and/or criminal defense law are eligible for invitation. Invitees must demonstrate superior qualifications, leadership skills, and trial results as a legal professional. The selection process for this elite honor is based on a multi-phase process based upon objective and uniformly applied criteria which includes peer nominations combined with third party research.

    Prospective members of The NTL are carefully screened prior to receiving an invitation for membership.

  • Top Attorneys Diamond Member

  • Top Attorneys of North America 2019-2020

  • The American Institute of Trial Lawyers is an invitation only professional organization composed of premier trial attorneys from each state. These attorneys exemplify the very best qualities and qualifications of an attorney. Each attorney must meet stringent qualifications as a civil or criminal trial attorney. These attorneys practice in a variety of fields to help and promote the ethical and elite practice of law. Selection is based on a thorough multi phase process which includes peer nominations and third party research. Each member must be in good standing with their local compliance organization. Membership is extended to only a select few in each state and/or region.

  • As the founder of Steven J. Malman and Associates, P.C., Attorney Steven Malman has 21 years of experience handling personal injury, nursing home, medical malpractice, premises liability, construction and workers’ compensation cases. Mr. Malman is one of Chicago’s leading authorities on personal injury law and has taken a special interest in defending the elderly from neglect and abuse. He has personally handled over 10,000 cases successfully, and collected hundreds of millions dollars for his clients.

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