Most of us have a primary care physician or a preferred health care provider - someone we trust to advise us on decisions concerning our well-being. We know that the advice we receive is in our best interests and is geared toward helping us recover as soon as possible from any injuries or illnesses that we may have.
As medicine becomes more and more specialized, we may have to go outside of our comfort zone to receive treatment. A visit to a new doctor means more forms to fill out - a brief medical history, description of the current symptoms in place as well as basic information about life in general.
Medical professionals use this information to help compile records to present future caregivers a more complete version of a patient's medical history. Unfortunately, the majority of medical records are kept as paper files, making it difficult to be sure that the file contains all necessary information. Crucial information can be illegible, misfiled or lost, leading to potentially negative consequences for patients.
The Rise of Electronic Health Records
More and more health care facilities and providers have turned to electronic health records (EHR) in an effort to better compile patient information. Medical professionals can simply access a patient's EHR on a computer to learn more about a patient's medical history. Doctors can then learn about past illnesses or injuries to better understand how best to treat a patient.
Unfortunately, EHRs have not worked exactly as planned. As these systems are still rather new, there have been challenges in developing software that fits the need of the end-users. Entering information can be a very time-consuming process, with doctors and physicians needing to learn proper codes for ailments and treatment plans.
Additionally, there may be more of a potential for user error than with general medical records. Mistakes may be made when information is entered, for example, information from one patient could but copied and pasted into another patient's file, and this may go unreported due to unfamiliarity with the systems. Further medical professionals may then rely on this incorrect information, which could have a serious impact on patients.
EHRs also have the potential for overloading doctors and physicians. The systems can be set up to send alerts when major events are soon to occur, such as a prescription expiring, which could cause problems. Instead of checking in on lab reports or determining a patient's progress, prescriptions could be automatically refilled or harmful treatment plans continued.
Finally, EHRs are accessed using computer networks, which may result in unique challenges to medical facilities. Computer systems often suffer outages, leaving medical professionals unable to access a client's information, which could prove costly in situations where time is of the essence. Patients may also have privacy concerns if their medical records are easily accessible to a large number of people at a health care facility. Access to EHRs will need to comply with all HIPAA rules.
Will Doctors be Protected from Liability?
As EHRs become more prevalent, and as patients learn more about the role these records played in their treatment, medical malpractice claims based upon EHRs may drastically increase. Malpractice insurance has become more costly for medical health professionals as a result, which has led to some criticism and hesitation regarding the use of EHRs.
A recent bill has been proposed in the U.S. House of Representatives that would limit liability when problems arise due to errors on EHRs. In short, the law would allow health care providers to disclose the fact that errors occurred because of the information included on an EHR, but this could then not be used in a lawsuit against the medical professional.
Proponents of the bill say that this would allow software manufacturers an opportunity to develop EHRs that consistently meet the needs of the medical community. It would also give doctors and physicians the chance to learn how to use these systems properly without fear of a lawsuit should something go wrong.
However, critics point out that this bill could have a negative impact on patients who have legitimate medical malpractice claims. If incorrect information found on an EHR is found to be inadmissible, victims may have an increasingly difficult time proving that the care they received was negligent.
As with any new technology, there are still bugs that need to be worked out before the process will work smoothly. Ultimately, EHRs should make life easier for both patients and health care professionals. Unfortunately, during this transition period, there will be growing pains that could lead to health complications for patients.
If you or someone you love has been injured due to the negligence of a health care professional, speak to an experienced medical malpractice attorney in your area to understand the options that might be available to you. These are complicated cases that will require a thorough investigation into the treatment that you received.
