1. ELECTRONIC HEALTH RECORDS: FRIEND OR FOE PRESENTATION TO THE NORTHERN NEW ENGLAND SOCIETY FOR HEALTHCARE RISK MANAGEMENT
Freeport, Maine November 13, 2017

2. Legal Framework Medical Malpractice Claims
Regulatory / Licensure Investigations
Personal Injury / Workers Compensation
Peer Review / Credentialing

3. Legal Issues Who did what? What happened? When did it happen?
Who knew / when?
How can it be proved / defended?

4. Where Do Requests Come From?
Subpoena
Document discovery request
Patient authorization
Healthcare provider request

5. 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?

6. 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?

7. Potential Impact Substandard record keeping Substandard medical care
Legal problems
Not complete
Not consistent
Create a legal problem
Discovery
Credibility

8. 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

9. Questions/Discussion
Ernie Babcock Eaton Peabody 100 Middle Street P.O. Box Portland, ME (207)