Do electronic records invite medical negligence?

Law Offices of Joel L. Katz, LLC Team

A medical diagnosis can sometimes involve both diagnostic testing and a doctor’s personal analysis. Said another way, some diagnoses may require the artful craftsmanship of a doctor to narrow down multiple, alternative possibilities raised by testing alone.

Yet technology must be used properly. A recent article about electronic medical records, or EMRs, provides a case in point. Proponents of EMRs believe they can save time and increase accuracy. Many patients have already benefitted from various forms of EMRs, accessing their health records online or even through smartphone apps designed by their health care providers.

Lawmakers apparently share a similar optimism about EMRs, as they are increasingly becoming a subject of federal regulations. One such rule requires doctors to enter their data into EMRs.

Yet are there adequate safeguards to ensure that EMRs don’t result in preventable injuries? There may not be a uniform answer, as EMRs may vary based upon the particular vendor. For example, some EMRs may use drop down menus for diagnoses. With a simple misdirected mouse click, could a doctor inadvertently misdiagnose a patient?

Other concerns about EMRs involve the amount of time it takes doctors to navigate through the various fields on screen. Since doctors cannot delegate this task, is data entry taking away from their in-person patient time?

Our law firm focuses on personal injury lawsuits. We know that negligence can take many forms in the medical arena. Even if a patient injury was attributable to erroneous data entry in an EMR, a claim for medical negligence against the doctor may be sustainable. In addition, there may be other parties against whom a theory of liability could be asserted, such as the technology vendor. Check out our website to learn more.

Source: Computer World, “Lawyers smell blood in electronic medical records,” Lucas Mearian, April 13, 2015

Client Reviews

Absolutely love me Katz and the team! They are truest amazing! Barbara was truly my life saver throughout the entire process! Once again thank you! You won’t be disappointed!

- Alexandra B.

We had an accident in MD in Aug of 2018. No one would even return our call at other Firms. Barbara M. at Mr. Katz’s office responded right away and got the ball rolling on my case. Very helpful and she stayed in constant contact until our case was resolved. I absolutely would recommend them to...

- Will P.

Mr Katz has handled my husband’s and my accident claims. We were both in serious motorcycle accidents and sustained multiple injuries. Mr Katz has worked hard to make sure that we get what we need. His team has made me feel like we are important and that they are here to take care of us. I would...

- Charlene J.

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Aggressive Representation, Proven Results
Fill out the contact form or call us at (410) 841-5333 to schedule your free consultation.

Leave Us a Message

Martindale-Hubbell
Million Dollar Advocates Forum
AABA Badge
American Association of Justice
ABA Badge
Maryland Association form Justice
Maryland Criminal Defense Attorneys Association
Bar Register