EHR; the pandora’s box of medical liability

Client: 9 Physician Clinic, Devanport IA
Date: May 2017


EHRs introduce a conundrum in health care liability. While they add great value with clear and clean documentation and clinical information, they also take value away in adding risk and a number of pitfalls.


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 5th, 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”.


RiskAssistMD’s technology offers a solution, the only one of its kind on the market, that is specific to this problem and even includes documentation that is specific to risk management under these circumstances.

The solution is also

  • Easy to implement
  • Inexpensive
  • Automated

The solution is centered on principles of

  • Automated checks and balances
  • Notification to clinic risk managers
  • Clear and precise “clean up” of many of the pitfalls noted
  • Documentation of the aforesaid
  • Continuous monitoring


The results of this simple solution are surprising.
  • Greater than 80% of cases are Risk protected
  • Better outcomes for patients

Widespread use of EHRs in medical practices is reportedly contributing to errors and malpractice liability.

  • Confusing and difficult to use technology
  • Inadequate or improper training
  • Data entry and copy-paste errors
  • Dictations that are not reviewed due to time limitations
  • Costs are high and are getting higher yet


  • To implement a technology solution that alerts users of malpractice errors
  • Offer quick and easy correction
  • Complete documentation of the errors and corrective action adopted


  • Better outcomes
  • Reduced cost
  • Risk mitigated
  • Increased revenue

Clinic adoption

  • 3 RiskAssistMD clinics have adopted this solution specifically directed at these plans
  • Early results are encouraging and report


RiskAssistMD is able to customize these and other sections to accommodate the clinic’s special needs

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