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Frost & Sullivan: Medico Legal Implications Related to the Usage of Electronic Health Record
Date:8/20/2009

ronic Health Record (EHR) persist even after destruction of original file is being accessed by unauthorized personnel.

Medical liability actions may arise from acts of commission which breach the standard of care and result in injury and damages to patients as discussed above. One type of act which physicians might commit concerning electronic health records that could involve them in litigation is to turn off the clinical alert systems designed to prevent unsafe treatments.

Physicians could also find themselves in legal hot water by failing to use diagnostic and treatment modalities suggested by the embedded best practice guidelines in certain types of electronic health records. Here there could be an act of omission contributing to patient injury.

Liability related to the use of EHR could be prevented by the selection of an appropriate healthcare information system. Some other preventative measures include proper training of staff to ensure efficient use of system, documenting all information with justification (whether or not care provided), and preventing any further alteration to this records without proper documentation.

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