EHRs, also known as EMRs are relatively new to the field of healthcare and medical malpractice.

Here are some ways it affects clinics.

1. Lots of boxes to check makes it easy to
   1. Check the wrong one or
   2. Forget to check one at all
2. Lack of interoperability
3. Incorrect routing of information
4. Faulty data entry 3.O vs 3.0 means different things in EHRs
5. Use of copy-paste gets many into trouble

Data from relevant cases:

• Being new to the field much of the law in this area has yet to be worked out
• CRICO reported^[18] 147 cases involving EHRs representing $61 million in direct payments and legal expenses over a 5-year period
• alerts and reminders can be distracting and confusing
• access to large amounts of data, which could do so much to reduce errors, is a distinct disadvantage in a malpractice case as plaintiff attorneys make the case “you should have known”
• EHRs also provide plaintiffs’ attorneys with a treasure trove of new evidence for their malpractice cases in incriminating metadata
• You may not be able to lead the 5^th, this data may not be on a server that you control

While EHRs themselves can introduce errors that could harm patients, vendors often indemnify themselves in their contracts with users that sometimes even contain “gag provisions”.