THE IMPACT OF ELECTRONIC RECORDS

ON MEDICAL NEGLIGENCE LITIGATION

I. The Benefits of the Electronic Medical Record (EMR)

A. What is an EMR?

B. Advantages of the EMR

C. Disadvantages of the EMR

D. The Future: the Prevalence of the EMR

II. Privacy Issues

III. Regulation and Federal Legislation

A. Privacy Act of 1974

B. Freedom of Information Act

C. Americans with Disabilities Act

D. United States Code Sections

IV. Practical Issues

A. How to Obtain the EMR

B. What Is Contained within the EMR

1. What is an audit trail? How can you obtain it? Is it part of the EMR?

2. Information in EMR that previously was not in written chart.

C. How to Know You Have the Entire EMR

1. Computer consultants

2. Who runs/maintains the system?

3. How long is the EMR retained?

D. When to Be Sure You Have the Entire EMR

E. Illinois Law

F. Issues to Consider When You Must Defend a Case Using an EMR

1. Risk management advice

2. Understanding records in discovery (initial meetings, deposition, trial)

3. Specific examples

a. records

b. notes

c. time/date issues

d. ease of input

e. system response/download time

f. notice

G. Issues to Consider When You Need EMR Records of a Treater Institution to Defend a Case

V. Conclusion