Roundtable: Impact of EHRs on Malpractice, Part II

After the panelists discussed how EHRs can reduce malpractice claims, the conversation turns to the opposite - are EHRs increasing vulnerability to malpractice litigation?

Moderator: Sharona Hoffman

Professor, Case Western Reserve University

Michael S. Kelton, Esq.

Partner, Abrams Fensterman

Todd R. Bartos, Esq.

Shareholder, Stevens & Lee

Lori Abel Meyerhoffer, JD, MD

Partner, Yates, McLamb & Weyher, LLP

After discussing how EHRs can reduce malpractice claims, the conversation turns to the opposite — are EHRs increasing vulnerability to malpractice litigation?

Lori Abel Meyerhoffer, JD, MD, partner at Yates, McLamb and Weyher, LLP, explained that EHRs actually make it more difficult to defend a physician once the lawsuit has been filed because of things like templates and auto-populated documents.

Todd Bartos, Esq., a defense trial lawyer at Stevens & Lee, adds that patients are more frequently complaining that doctors are spending more time on the computer during appointments.

“I’ve seen EHRs driving some people to litigation because of the lack of relationship between the physician and the patient because that computer is getting in the way,” Bartos said. “And that’s a key driver that we’re seeing more of and we just have to be aware of that.”

Part 1 | Part 3 |