Electronic Health Records Errors and the Malpractice Claims That Follow

An electronic health record (EHR) is a digital record of a patient’s medical history that compiles documents from their various providers. Together, these documents create a comprehensive summary of a person’s diagnoses, medications, and treatment plans.

This in-depth record can expedite treatments, reduce medical errors, and improve provider coordination, giving patients more efficient care with better outcomes. However, in some ways, these systems can also make it easier for providers to make mistakes, causing patients harm and leading to expensive malpractice claims.

Here’s what you need to know about electronic health records in Michigan, the problems to watch for, and how the experienced attorneys at Sommers Schwartz can help when things go awry. 

What Exactly Is an Electronic Health Record?

An EHR is more than just a list of basic facts about a patient. This comprehensive record goes beyond clinical data and includes a broader bird’s-eye view of the individual’s overall health and medical history.

For example, a comprehensive EHR likely includes much of the following information about a patient:

• Personal statistics (such as age, weight, etc.).
• Billing information.
• Key demographics.
• Medical history.
• Medication list.
• Immunization records.
• Lab test results.
• Radiology images.
• Progress notes from various healthcare providers.

The information in these records comes from all the providers involved in a patient’s care within a particular healthcare network. It can then be shared quickly and easily between physicians and institutions within that network, streamlining the patient’s treatment. 

The Problems With Electronic Health Records

Electronic health records can improve patient care in many ways. However, these handy tools also have some drawbacks, which can create a high potential for abuse, neglect, and error.

Here are some ways EHRs can lead to malpractice claims.

Document “Cloning” Errors

Many document mistakes stem from copy-and-paste errors. When doctors “clone” a patient’s notes from one place to another (rather than compiling their own notes), they risk spreading incorrect information between multiple providers.

System Design Flaws

A poorly designed system or interface makes it easy for physicians to miss important information or alerts. For example, essential test results might be buried within multiple screens or tabs, leading to delayed or missing data.

Template Reliance

Cookie-cutter evaluation forms treat everyone the same, but patients are not one-size-fits-all. If doctors rely solely on templates to evaluate every patient, they may miss critical information about their diagnosis or illness.

Technical Failures

System downtime, data loss, and software glitches are all downfalls of using electronic programs. These inevitable delays can prevent access to crucial patient information during critical parts of their care.

Alert Fatigue

Like the boy who cried wolf, too many alarms and notices can desensitize a person to critical information. Hence, a clinician who is constantly bombarded with irrelevant medical alerts is more likely to override or ignore an essential warning about drug interactions or allergies.

Privacy and Security

Digital records are particularly vulnerable to data breaches and cyberattacks. Such a leak could expose an individual’s personally identifiable information (PII) and release highly sensitive medical data.

Inattentive Providers May Be Liable for EHR-Related Malpractice Claims 

Too often, technology makes humans lazy and less attentive, which is as true for doctors as for anyone else. A provider that relies too much on the convenience of machines and not enough on their patient could be liable for overlooking important details, especially when those oversights lead to harm.

In Michigan, a physician may be liable for EHR-related malpractice damages if:

1. They owed the patient a duty of care.
2. They breached that standard of care.
3. The breach in care caused the patient harm.
4. The patient suffered actual damages as a result.

This duty of care extends to all facets of a physician’s interactions with their patient, whether in-person, via telehealth, or when making an electronic health record. Therefore, if your physician doesn’t observe good EHR practices, and you are harmed as a result, you may be entitled to damages for their errors.

In Michigan, the statute of limitations for medical malpractice is two years from the date of the injury (or six months from when the injury was or should have been discovered). If an EHR-related error harmed you, it’s important to contact a medical malpractice attorney as soon as possible.

Talk to a Michigan Attorney About Your EHR Experience

Patients put their trust in the physicians who treat them. If your doctor didn’t honor that trust and made an EHR mistake that caused you harm, we want to hear from you. Contact Sommers Schwartz today for a free consultation, and let our team of compassionate, experienced malpractice attorneys help you fight for the compensation you deserve.