More on Legal Issues With Electronic Medical Records


I recently discussed some issues of electronic medical records, including what constitutes a legal record, ways to maintain the integrity of the transmission with devices such as audit trail, and prevent changes to these files. Now we’ll take a look at some other terms to identify

Patient Privacy :.

Remember when HIPAA first appeared on the scene? No more can keep even the patient check-in form at the front desk, or risk to the patient study that otherwise would have been on that day. The penalty could be jail

Unnecessary Burden :.

Some recent legal cases have established that the data is available to be able to produce, including backup data. While this may seem unfair burden for medical practice, experts dealing with these kinds of legal matters believe that EMR will lead to a reduction in malpractice suits, as a result of improved data and lower rates of medication related errors. Even so, if the data is stored on a failed hard drive, and the cost of achieving the data is significant, it could create an unnecessary burden; judges could rule that costs are shared between the two parties

Access :.

In the world of paper records, tables that are more than seven years that were discarded considered legally “inaccessible. If the lawyer of the plaintiff asks you to produce up, it is impossible. When it comes to electronic information, the However, inaccessibility could be difficult to prove, as electronic data can almost always be recovered. In fact, the current EMR software systems do not even let the hand delete patient records

E-Discovery :.

Discovery is the pre-trial phase of the lawsuit. Each party can compel the production of evidence by subpoena or deposition. E-Discovery refers to information stored in electronic form. Collecting digital evidence has even spawned the field cyberforensics. This column does not adequately cover the topic as broad and E-Discovery. This has become a major area of ​​law and is increasing EMR will be the norm.

Finally, rational minds come bottom line for medical practices to quality and secure backup process is a must. Victorious, and some of the more inane regulations have relaxed somewhat. There are still privacy issues that are specific to the electronic aspects of medicine, in respect of improper disclosure of data of patients. Irrelevant email, unsecured wireless network, a computer monitor left on in the face of a patient, and unauthorized distribution of the report are some prime examples.

Consider the legal, Risk & Compliance (LRC) Committee for the job, to address the above issues and others that may arise. Constantly ask yourself what incidents might occur, including when, how and by whom. Then, when you face legal challenge, you will be better prepared.


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