Crux of the Matter Blog

Malpractice Suits Related to Electronic Medical Records on the Rise

Electronic medical records (“EMR”) have replaced hard copy, paper records in most health care settings, especially the hospital. While electronic records offer many improvements over handwritten records, a new study by The Doctors Company suggests that lawsuits involving EMR-based errors are on the rise.

A main criticism of EMR is that it minimizes the human element behind the practice of medicine – that it obviates the need for clinical judgment. For example, when a nurse inputs vital signs into a computer, the computer often dictates whether those values necessitate further workup. If so, the computer may then prompt the nurse to ask further questions, or perform additional assessments. Other algorithms might signal the physician to get involved when a nurse enters certain data into a patient’s record. Those algorithms would send an “alert” to the physician’s computer screen or a beep to the physician’s beeper. In the pre-digital era, health care providers did not rely upon computer-driven protocols for treatment assessments and plans.

This new study emphasizes the importance of education on electronic records – specifically, education on what health care providers should and should not expect from EMR. The study also highlights the need for continued improvements in EMR software design. Often, the medical record is the only representation of what happened during a patient’s treatment. The importance of this record in the medical malpractice context – be it electronic or not – cannot be underestimated.

This blog is made available by Goodman Allen Donnelly for general information, and does not constitute legal advice. By reading this blog, you understand that there is no attorney-client relationship between you and the firm. This blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Share
Published by
Goodman Allen Donnelly

Recent Posts

Regulatory Compliance  and a Long-Term Care Medical Director’s Role

By Peter Mellette Many physicians work in long-term care settings such as nursing facilities and…

1 hour ago

Donna Hall Named to Virginia Lawyers Weekly’s Class of 2024 Hall of Fame

We're excited to share that attorney Donna Hall has been honored as a 2024 Hall…

3 weeks ago

Thea Pitzen Achieves Martindale-Hubbell AV Preeminent Peer Rating.

Goodman Allen Donnelly would like to congratulate Thea Pitzen on her achievement of the Martindale-Hubbell…

3 months ago

Potential Pitfalls for Staffing Independent Physician Practices By Elizabeth ColemanWhile running an independent physician practice…

3 months ago

The Class of 2024 Virginia Law Foundation Fellows and Goodman Allen Donnelly Congratulate Peter Mellette

Nominated confidentially by their peers, Virginia Law Foundation Fellows are recognized for leadership in their…

3 months ago

What you need to know about the Corporate Transparency Act 2024

MANY BUSINESSES ARE NOW REQUIRED TO FILE REPORTS WITH THE FINANCIAL CRIMES ENFORCEMENT NETWORK Beginning…

3 months ago