Legal Issues that EMRs Can Trigger

by | Last updated on Jan 25, 2024 | Published on Oct 6, 2014 | EHR/EMR

Electronic Medical Records (EMRs) have transformed the healthcare industry by digitizing patient information, streamlining processes, and improving patient care. EMRs offer a multitude of benefits for hospitals such as – improved efficiency and workflow, accessibility and portability, reduced paperwork and costs, enhanced communication, patient engagement, disaster recovery and backup, telemedicine integration, and billing and revenue cycle management. EMRs can also significantly simplify the delivery of medical review solutions by offering a streamlined and digital platform for healthcare data management.

Though EMRs have their own advantages, no doubt, but they pose certain challenges for physicians making the transition from paper to electronic records. There are certain legal implications involved with EMRs that medical providers need to be wary of.

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Legal Complexities EMRs Can Trigger

Let us look at some of these legal issues.

  • Possibility of medical errors: Any software is vulnerable to bugs and shortcomings that may prove costly ultimately. If healthcare professionals rely solely on EMR data and it contains inaccuracies or omissions, it can result in misdiagnosis or improper treatment, leading to liability issues.Studies show that popular computerized physician order entry systems are susceptible to many types of medication error risks. Examples are pharmacy inventory displays being mistaken for dosage guidelines, CPOE display screens that prevent a clear view of the prescribed medications, rigid ordering formats that produce wrong orders and so on. Another problem is that physicians’ tendency to copy-paste patient data can result in mistakes that get repeated across various data forms. This simple copy-paste function of the EMR also creates problems as regards authorship when a medical record is investigated for some legal purpose. Other issues include the risk of viruses, bugs and technological glitches.
  • Medical malpractice risk: Errors that are prone to increase when a practice transitions from a familiar system to the new EMR system can prove really damaging for practitioners. Electronic medical records can have an impact on medical malpractice litigation by increasing the availability of documentation and facts that can either prove or defend a malpractice claim. EMR metadata that comprise every single electronic transaction including time stamps of clinical activity, input of orders, etc., are discoverable in civil trials. This can very well increase the possibility of prosecutors discovering some evidence of malpractice among a team of providers. Yet again, a physician relying too much on EMR resources such as clinical decision support, follow-up reminders, clinical prediction rules, and so on can also land in trouble if the EMR system is faulty or erratic.
  • Privacy and security concerns: Protecting patient data is paramount. EMRs can be vulnerable to data breaches, hacking, or unauthorized access. Healthcare providers must adhere to laws such as the Health Insurance Portability and Accountability Act (HIPAA) to safeguard patient privacy and report breaches promptly.When an HIPAA-related incident occurs, hospitals must provide a timely and appropriate response. The incident should be reported in the proper manner according to the HIPAA breach rules, and accurate documentation related to the incident should be retained for future use. Usually, fines may not be imposed if it is not an egregious violation or if the violator has cooperated with the government.
  • Data integrity: Ensuring the accuracy and integrity of electronic health records is critical. Errors in data entry or system glitches can result in incorrect patient information, potentially leading to medical malpractice claims.
  • Interoperability challenges: EMRs from different systems may not always seamlessly exchange data, leading to challenges in accessing a patient’s complete medical history. This can impact patient care and pose legal challenges related to continuity of care.
  • Informed consent and documentation: Proper documentation of informed consent for treatments and procedures is crucial. EMRs should include clear records of discussions with patients about risks and benefits, ensuring legal compliance.
  • Retention and record access: Healthcare providers must follow legal requirements for retaining electronic records and providing patient access to their records. Failure to do so can result in legal disputes.
  • Billing and coding errors: EMRs are often linked to billing and coding systems. EMR systems are considered avenues for improper billing claims, and are subject to OIG (Office of the Inspector General) scrutiny.Errors in these systems can lead to overbilling or underbilling, potentially resulting in legal and regulatory penalties.
  • Patient access and ownership: Disputes may arise over who owns and controls patient records stored in EMRs. Patients have the right to access their health information, and healthcare organizations need to navigate these legal obligations.

To mitigate these legal issues, healthcare organizations should have comprehensive policies and procedures in place for EMR use, regularly train staff on compliance and security measures, conduct audits, and stay informed about evolving healthcare regulations and technology standards. Additionally, seeking legal counsel experienced in healthcare law can help navigate the complex legal landscape surrounding EMRs. Electronic records also have the potential to streamline medical record retrieval and other essential processes within the context of medical litigation.

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