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Kludgey Electronic Health Records Are Becoming Fodder For Malpractice Suits

Lucas123 writes The inherent issues that come with highly complex and kludgey electronic medical records — and for the healthcare professionals required to use them — hasn't been lost on lawyers, who see the potential for millions of dollars in judgments for plaintiffs suing for medical negligence or malpractice. Work flows that require a dozen or more mouse clicks to input even basic patient information has prompted healthcare workers to seek short cuts, such as cutting and pasting from previous visits, a practice that can also include the duplication of old vital sign data, or other critical information, such as a patient's age. While the malpractice suits have to date focused on care providers, they'll soon target EMR vendors, according to Keith Klein, a medical doctor and professor of medicine at UCLA. Klein has been called as an expert witness for more than 350 state or federal medical malpractice cases and he's seen a marked rise in plaintiff attorney's using EMRs as evidence that healthcare workers fell short of their responsibility for proper care. In one such case, a judge awarded more than $7.5 million when a patient suffered permanent kidney damage, and even though physicians hadn't neglected the patient, the complexity of the EMR was responsible for them missing uric kidney stone. The EMR was ore than 3,000 pages in length and included massive amounts of duplicated information, something that's not uncommon.

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  1. Usability metrics, anyone? by jeffb+(2.718) · · Score: 3, Interesting

    I haven't read the relevant regulations, and I hope I'll never have to -- I'm not sure I have that much time left on Earth -- but I'll bet that there's almost nothing concrete in them about usability.

    EMR capture happens in a time- and attention-constrained environment. Any competent development house should be doing task analysis to ensure that their system meets the time constraints found during a doctor visit.

    EMR search -- oh, I don't even want to start thinking about this. The relevant tasks could be anything from an auditor fine-toothed-combing records for an insurance claim, to an EMT trying to get a blood type or allergy info before a victim bleeds out.

    I've consciously avoided jobs where my code is responsible for life-and-death decisions. The problem, I guess, is that too many other good people have made the same decision, and there aren't enough good people available to do what needs to be done. I'm not sure what to do about this.

  2. HHS Asleep At The Switch by CAOgdin · · Score: 5, Interesting

    This is another example of government not doing their job. We have needed a single, comprehensive standard for the form and format of Medical Health Records (MHR) for a long, long time. They needn't mandate specific products, but those products should all comply with one, universal and constantly-updated standard. But, nooo! We have to let Republicans exercise their fantasy that government can't do it, it has to be the "private sector" (in other words, reward the people who pay them to sit on their hands instead of solving problems). What was once a rich and vibrant marketplace of products has narrowed down to one industry leader who does NOT have patient information reliability and quality on their list of priorities.

    We should have seen thermometers and scales and manometers and oxygen-level gauges (all standard tests on any pnysician visit) automated to send the information to the currently-opened patient record in the examining room over secure WiFi a decade ago...insofar as I can see, there are still no such products. These Electronic Medical Record (EMR) software products (especially from the "leader") are designed to impose the maximum load on professional staff, because it's easier to code them that way. I'm surprised they aren't designed to require staff to use green-screen, text-only monitors!

    So, yes, lawyers are making money. And, I'm glad those lawyers are starting to attack the EMR system providers. But the Department of Health and Human Services (and, truth be told, the Republicans who think that underfunding government agencies to cripple them is a good idea) are a root cause of the problems..

    1. Re:HHS Asleep At The Switch by ColdWetDog · · Score: 3, Interesting

      The entire issue needs to be readdressed (and won't be). The 'old' system was pretty bad - spotty, inconsistent data that was impossible to read. But it was quick and easy. Worked OK if what you were doing really didn't make much of a difference, as was typical for medicine until fairly recently.

      In the US, there are two overriding issues with the EHR - getting a bill out and getting a bill out. Everything else is really secondary. To get a bill out one has to follow a byzantine series of steps and (poorly documented, inconsistent) guidelines on what needs to be there and what doesn't. These guidelines change from time to time and from place to place (but we won't get into that here). The data needed for a physician bill includes a laundry list of things that are very likely completely irrelevant to patient care but have been stuck in the pile because 'more is better'.

      And that was before EHRs became mandated.

      Then, CMMS (Centers for Medicare and Medicaid Security) was told by our Congressional Overlords that EHRs were good and, more important, would save money and flay the beast of fraud and waste. So with little further ado they created even MORE guidelines and rules for billing and for just being an EHR (the "Meaningful Use" rules).

      Then, they put a fairly tight deadline on this. For the hundreds of smaller companies in this business and the thousands of small hospitals in the country this has been a pretty much unmitigated disaster. Crappy legacy systems bolted on to insane "Meaningful Use" systems. Vendors buying out vendors and slapping disparate and inconsistent bits together (our idiot vendor, Healthland, has the nursing home module running under Net 1.1, the main module running under 1.0 and has managed to rig it so that you can't run both on the same machine without using VMs). User Interfaces straight from the 1990's. Work flows that are a hybrid (that's the nice word) of paper and poorly designed computers.

      It's kinda like trying to design an airplane using a modern computer system and an abacus.

      This unholy mess has been forecast with unerring accuracy. Our malpractice carrier flat up told us that we will probably get sued on the basis of EHR mistakes. The system is going to go through a decades long period of shakeout and Sturm und Drang while this gets sorted out.

      Sucks to be us, I suppose.

      --
      Faster! Faster! Faster would be better!
  3. Re:Don't fix what ain't broke by sandytaru · · Score: 4, Interesting

    Army hospitals too. My father worked in the records department of a 13 story giant Army medical center in the '80s and '90s. While the records themselves were fat paper folders, much of the patient information was kept in a database (which I think by the '90s was an AS/400) - and part of the job of the record keepers was to take the new information from the doctors and update the patient files in the database. So while the historical record was all on paper, the most up to date stuff was in the database where it belonged. They had about 30 people doing this kind of data entry full time for a hospital of 100 doctors.

    --
    Occasionally living proof of the Ballmer peak.
  4. Feds by sycodon · · Score: 5, Interesting

    This is one of those rare instances where the Feds CAN make a difference by mandating specific medical record formats, import and export of data, standard reporting functionality, etc.

    Many EMRs are in "island" systems that you can't easily get the data out of or bring data into, stranding important information and raising the costs of moving from provider to provider. How many fucking times have you filled out the stupid medical history forms?

    Where the data is kept is up for discussion, but the format and content should be standard across all systems.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    1. Re:Feds by Archangel+Michael · · Score: 1, Interesting

      Um, that is exactly where the problem arises from, federal regulations. Have you looked at the diagnosis codes for things? There are millions and millions of them.

      " V97.33XD: Sucked into jet engine, subsequent encounter. "

      Yes, that is a diagnosis code. Seriously, they have one for every random act of god that has ever happened. If it happened once, it gets a code.

      But here is the thing, they have these codes, so that the Feds can track EVERYTHING about you, already. This is nothing more that Metadata, and with enough Metadata you can figure out just about anything you want.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    2. Re:Feds by flink · · Score: 3, Interesting

      There are already industry standards for EMR

      Common Document Architecture (CDA) - provides formats for the interchange of data built on the OASIS schema.
      Integrating Healthcare in the Enterprise - defines profiles for implementing technologies in an interoperable manner.
      Open eHealth - open source baseline implementation of the above.

      That's just for clinical data. There are a whole other set of standard for financial/claims records (X12) and pharmacy records/scripts (NCPDP).

      The problem is that medical data is pretty complicated and often the context of the document is as important as the content. You almost always have to massage documents coming in even if they are ostensibly formatted to a standard you consume. You have to normalize units, make sure all the fields are part of the subset of the standard your system supports, etc.

      And that doesn't even begin to get into tracking patient consent, tracking identity across multiple orgs, depts, and visits (MPI,PIX/PDQ), plus access restrictions and emergency access exceptions.

  5. Oh yeah, don't forget MUMPS by ErichTheRed · · Score: 3, Interesting

    Sorry for double posting, but one other thing to note is this...behind all the whizzy new web interface screens, many EHR systems are based on some of the oldest, creakiest standards imaginable, including a programming language-and-database combo called MUMPS. Look it up - it's positively ancient, and it should be obvious why they have trouble finding people willing to specialize in writing code for it.

    The VA system has one of the oldest EHR implementations in the country, and even though the GUI is semi modern, the guts of the system are this MUMPS mess. (You can download most of the source code for the system online since it's a government created product. The language was designed in an era where preserving memory was the only concern, all variables are global (!!), and keywords can be abbreviated to one letter...that should tell you enough about MUMPS right there!) Any industry you can think of that has used computers long enough has problems like this -- my area of expertise (airline systems) has standards going back 40-50 years, from when every single byte sent down a communications link was precious.

    Most systems like this do a very good job of hiding the complexity from the end user, but it also reduces the amount of spontaneous change you can introduce. For example, in airline reservation systems, no one would dare change the layout of the mainframe emulator screens because so many up-level systems depend on scraping that data exactly the same way they've been doing it for 30 years. Everything an end user sees passes through many layers on the way down to the core, and systems like this are built on nested layers of wrapper code.

    1. Re:Oh yeah, don't forget MUMPS by flink · · Score: 3, Interesting

      Sorry for double posting, but one other thing to note is this...behind all the whizzy new web interface screens, many EHR systems are based on some of the oldest, creakiest standards imaginable, including a programming language-and-database combo called MUMPS. Look it up - it's positively ancient, and it should be obvious why they have trouble finding people willing to specialize in writing code for it.

      When I first started in the healthcare industry almost in 1997 as an intern, my first job was writing MUMPS interface routines to extract referral data for a web interface. The system in question was running on a VAX/VMS cluster and ran a major midewestern HMO's operations.

      The funny thing is when NoSQL became a buzzword a few years ago, thanks to my exposure to MUMPS, I instantly recognized it for what it was: 70's-era hierarchical database technology, repackaged for a new generation.

    2. Re:Oh yeah, don't forget MUMPS by podmate · · Score: 3, Interesting
      Epic is also built on top of MUMPS or 'M' as they call it. Epic uses a document database called Cache as its backend. The GUI is a web frontend.

      Allscripts uses a subset of an obscure language called Arden Syntax. It is kind of like JavaScript but can do far less programmatically and often times will break the OO mold in weird ways. But, at least you can extend a Sunrise build as opposed to an Epic build which is virtually static.

      I am currently working with an EMR built on top of a CRM tool. Talk about something that is a f'ed up. Oh baby jeebus, why!!!

  6. Re:Don't fix what ain't broke by xanthines-R-yummy · · Score: 3, Interesting

    I actually am a medical doctor and I can say that the VA EMR is very very good. It's not as shiny or pretty as some others out there, but it's solid, easy to use/learn, interconnected with every VA hospital and it's the same at every VA hospital. The scheduling problems largely revolve around lazy government employees (I'm a govt employee, so I can say that!) and trying to get doctors to work in the VA system. They only recently brought the salaries for physicians, but only for new hires, IIRC. I'm sure THAT's good for morale....

    I'm also an armchair bioinformaticist (or whatever) and have seen the coding and modules behind EPIC, one of the most popular and widely-used EMRs around. It IS kludgey! I forget if the inpatient or outpatient systems came first, but the second had to be kludged in. THEN, when you factor in the very widely used radiology information system (PACS) you have to kludge that in. Then you have pathology and lab medicine using an entirely different system (CoPath, Soft, PowerPath, etc) you have to tie that into the EMR and PACS. Sometimes pathology and lab medicine use two entirely different systems, even though they're in the same department!

    Yes, it's a mess!