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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. 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..

  2. 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.

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    Occasionally living proof of the Ballmer peak.
  3. 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.

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    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.