EHR Discovery Series - Introduction

Electronic Health Record (EHR) implementation and use supposedly eliminates a variety of Medical Professional Liability issues and risks.  However, EHRs have a wide array of product and usage weaknesses that could distort the patient medical record, and undermine malpractice defense.  Indeed, EHR focused discovery could expose providers to a previously unheard of level of scrutiny and analysis that could undermine the efficacy of the very medical records expected to support provider due diligence and clinical decision making.

Every aspect of EHR selection, implementation, and use may be examined in the course of medical malpractice discovery to uncover the source of the incident, or undermine the records that are being presented in defense of the malpractice claim.  These discovery processes will focus on areas related to the reliability of the electronic health record as well as the clinical care focus of the typical malpractice claim investigation.  This White Paper Series will focus on the following EHR discovery issues:

Did the transition from the paper chart to the EHR result in any lapses in service or access to patient information that contributed to the claim? – Part 1 covers the Transition from Paper Charts to EHR.

Did the design of the EHR or clinical forms accommodate appropriate documentation for care provided to the patient? – Part 2 addresses EHR Design.

Did the use of the EHR by the physician and/or practice lead to incorrect representations in the patient record or printed documents that contributed to the malpractice claim? - Part 3 examines EHR Use.

Did any loses of information or system problems contribute to the incident? Part 4 analyzes EHR System Failure and Maintenance.

Plaintiff attorneys can be expected to include a wide range of discovery activities associated with the implementation and use of the EHR.  The key issues will be to verify whether the patient record was properly protected and reflects the care provided.  Flawed or inadequate transition processes will allow queries to made on whether a failed transition or omitted information contributed to the incident.