How EHR Documentation Practices Directly Affect Medical Liability
In the event of a medical malpractice lawsuit, a physician's defense relies primarily on the documentation of the care they provided. In the healthcare industry, it is often stated, "If it isn't documented, it didn't happen." While Electronic Medical Records (EMRs) have introduced improvements in healthcare documentation, Candello's 2024 Benchmarking Report on Documentation indicates that the likelihood of a medical professional liability (MPL) case closing with an indemnity payment increases by 140% when there are indications of inadequate documentation of patient encounters. Furthermore, the cost of defense significantly escalates due to the difficulty in securing defense experts and the necessity...
Insufficient Documentation Leads to Unclear Cause of Harm for Patient Receiving Anesthesia
This case study was put together by our partners at CRICO and was written by Julie Cronin Higden, RN, DNP, NE-BC, CPPS, CRICO Description A patient who underwent a colonoscopy suffered an anoxic brain injury resulting in a permanent vegetative state. Key Lessons Complete pre-procedure evaluations flag potential risks for patients receiving anesthesia In addition to the 5 Rights, consider additional safeguards such as “right documentation” and “right response” when reflecting on medication administration practices Complete and contemporaneous documentation is critical in defending malpractice cases Clinical Sequence A 41-year-old male underwent a colonoscopy with endoscopy at an ambulatory care center...
This case study was made available to MIEC through our partnership with CRICO. It was written by Jennifer Vuu Sanchez, CRICO Description A 60-year-old male’s allegation of a failure to diagnose colon cancer was complicated by his undocumented refusals of recommended cancer screenings. Key Lessons Inadequate documentation of a patient’s refusal of cancer screening falls below the standard of care. A patient’s refusal of cancer screening, risks related to the refusal, and alternatives offered to the patient should always be documented in the patient’s medical record. Provide patient education on the importance of cancer screenings and document the patient’s level...
This case study was made available to MIEC through our partnership with CRICO. It was written by Gretchen Ruoff, MPH, CPHRM, CRICO Margaret Janes, RN, JD, CRICO Description Following surgery for rectal prolapse—which involved a malfunctioning stapling device—a 53-year-old male experienced complications and required additional surgery. Key Lessons Policies for trial device assessment must ensure they prevent the use of an unapproved trial device. Comprehensive pre-operative planning protects patients and providers. Clinical Sequence A 53-year-old man with a long-standing history of rectal prolapse presented for elective sigmoid resection with rectopexy. The patient underwent a pre-operative surgical office consultation weeks prior...
This case study was made available to MIEC through our partnership with CRICO. It was written by Margaret Janes, RN, JD, CRICO Description An elderly patient with a known history of mobility limitations fell and broke their hip after leaving the podiatrist's office with a newly applied walking boot. Key Lessons Copying and pasting of past assessments in the medical record may perpetuate erroneous or outdated information being carried forward. Be cognizant of what is new and what is no longer relevant. Repeatedly copied clinical notes may give the impression that you do not care about the patient. Where such...
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