Electronic Health Records: Legal Risks and Patient Care Considerations
Explore the legal risks associated with electronic health records (EHR) and how they impact patient care. Learn about potential impacts, mitigating risk strategies, and the importance of proper record management. Join the discussion on EHR challenges and solutions.
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ELECTRONIC HEALTH RECORDS: FRIEND OR FOE PRESENTATION TO THE NORTHERN NEW ENGLAND SOCIETY FOR HEALTHCARE RISK MANAGEMENT Freeport, Maine November 13, 2017 eatonpeabody.com Augusta I Bangor I Brunswick I Ellsworth I Portland
Legal Framework Medical Malpractice Claims Regulatory / Licensure Investigations Personal Injury / Workers Compensation Peer Review / Credentialing eatonpeabody.com Augusta I Bangor I Brunswick I Ellsworth I Portland
Legal Issues Who did what? What happened? When did it happen? Who knew / when? How can it be proved / defended? eatonpeabody.com Augusta I Bangor I Brunswick I Ellsworth I Portland
Where Do Requests Come From? Subpoena Document discovery request Patient authorization Healthcare provider request eatonpeabody.com Augusta I Bangor I Brunswick I Ellsworth I Portland
Any Legal Risks? With paper record, few With electronic record, many Page numbering Which dropdowns included Recreation of chronology Does it matter who requests it (healthcare provider? finance?) Format consistency Printed? On disc? Look over your shoulder? Different responders different results? eatonpeabody.com Augusta I Bangor I Brunswick I Ellsworth I Portland
What About Patient Care? Do all have access to all records? How are reports integrated? Are there automated alerts? If so, who sees them? What if they are ignored? eatonpeabody.com Augusta I Bangor I Brunswick I Ellsworth I Portland
Potential Impact Substandard record keeping Substandard medical care Legal problems Not complete Not consistent Create a legal problem Discovery Credibility eatonpeabody.com Augusta I Bangor I Brunswick I Ellsworth I Portland
How Can We Mitigate The Risk? Understand what can / cannot be done Identify single POC / unit Define the record and communicate its contents Address the audit function record or not? Train, train, train Communicate with each other Involve counsel Create a responsive plan for network penetration (back up) Create a litigation hold process eatonpeabody.com Augusta I Bangor I Brunswick I Ellsworth I Portland
Questions/Discussion Ernie Babcock Eaton Peabody 100 Middle Street P.O. Box 15235 Portland, ME 04112-5235 (207) 274-5266 ebabcock@eatonpeabody.com eatonpeabody.com Augusta I Bangor I Brunswick I Ellsworth I Portland
