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Electronic health records and their use in malpractice cases

| Jun 13, 2015 | Medical Malpractice

New Jersey medical providers have been using electronic health records at an increased pace for the past several years. For many patients, seeing their physician typing on a laptop during a visit is now routine.

Because of their increasing use, EHRs are changing how some medical malpractice cases are being handled as well. Some of the most valuable features of EHRs can lead to errors. Copying and pasting information to or from the wrong record, failing to review and confirm fields that auto-complete and using default templates without validation can result in mistakes in patient care with serious negative consequences.

EHRs may change the standard of care threshold that governs most malpractice cases. They provide easy access to more information than paper records, and this may create a duty to search for information that previously would have gone unnoticed. Overriding an alert generated by an EHR may be a departure from the standard of care even if there are no negative consequences. Given the widespread availability and use of EHRs, the fact that a provider continues to use a paper medical record may itself be considered a deviation from the standard of care. As a result, a jury may not put as much faith in paper record evidence as it would in the same information contained in an EHR.

There is little argument that EHRs have great potential to improve patient care and provider decision-making. However, they are also becoming a prominent factor in courtrooms across the country as well. An individual who has experienced a negative medical outcome may want to consult an attorney to determine whether it was the result of provider negligence. The attorney may be able to review the electronic record in order to assess whether doctor error contributed to the outcome.

Settlements And Verdicts

  • $38,500,000 Chemical Exposure
  • $24,000,000 Chemical Exposure
  • $18,500,000 Electrocution Accident
  • $13,500,000 Chemical Exposure
  • $10,000,000 Auto/Car Crash
  • $10,000,000 Auto/Car Crash
View Settlement and Verdicts Above $2 million

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We are proud sponsors:
Community Donations/Sponsorships

  • Eatontown Engine/Truck (Fire Company) Donation
  • Police Unity Tour Donation
  • American Cancer Society-Relay for Life Sponsor
  • Monmouth County Sheriff’s Officers Donation
  • Jersey Shore University Medical Center Annual
  • Sweetheart Ball
  • Cancer Support Committee Annual Celebration of Life
  • Muscular Dystrophy Association Winter Ball
  • NJEF-Sycamore Tree Sponsor

Ad Journals

  • St. Paul Baptist Church birthday calendar
  • LADACIN Network Rosebud Gala Dinner Dance
  • Kiwanis Club of Jackson Patrolmen of the Year
  • HW Mountz PTA School calendar
  • HW Mountz Kitchen Tour

Sports Activities

  • Jackson Memorial High School Boys Basketball Sponsor
  • New Jersey Shorestars-7th Grade AAU Basketball Team Donation
  • Shark River Surf Anglers-Trout Contest for Kids Donation
  • Team Philly Basketball Live in AC Donation
  • Golf Outing Sponsorships

Golf Outing Sponsorships

  • The Community YMCA
  • Covenant House
  • NJ Roadrunners
  • Zan Tozzi Foundation
  • Ocean County Emerald Society Douglas King Tournament
  • PBA Local #50