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...
The Emergency Medical Treatment and Labor Act (EMTALA) of 1986 is a federal law aimed at ensuring public access to emergency medical services regardless of a patient's ability to pay for those services. The primary intent of EMTALA is to prevent instances of "patient dumping," in which hospitals refuse to treat uninsured patients or transfer them to other facilities without providing adequate medical evaluation and care. EMTALA imposes several requirements on Medicare-participating hospitals that offer emergency services, and physicians with staff privileges at those hospitals may also have individual obligations under EMTALA. Hospital Requirements When a patient arrives at a...
Documentary Explores the Stress of Litigation and a New Way to Resolve Patient Harm
When an adverse event in healthcare leads to a malpractice claim, the road to resolution is long and often physically and emotionally draining for everyone involved. The feelings of anxiety, fear, anger, and pain that result from litigation can leave both plaintiffs and defendants feel as if the process failed them, and in many cases the experience is permanently life-altering. In June 2024 PBS aired a documentary film entitled, “A World of Hurt: How Medical Malpractice Fails Everyone” which describes the stress of malpractice litigation on both physicians and patients by exploring three very different cases from various points of...
As of December 23, 2024, healthcare providers must comply with a new HIPAA rule that applies to certain requests for reproductive health information. Briefly, the HIPAA Privacy Rule to Support Reproductive Health Care Privacy (Final Rule) was published by the Department of Health and Human Services Office for Civil Rights (OCR) in April 2024, as a response to the Dobbs v. Jackson Women’s Health Organization decision in 2022 that allowed states to legally prohibit abortion. The Final Rule addresses public concern about protected health information (PHI) being shared with state agencies, law enforcement, and other authorities for the investigation or...
This case study was put together by our partners at CRICO and was written by Jennifer Vuu Sanchez, CRICO A 13-year-old who underwent an exam via telemedicine for a finger abscess later required amputation. Key Lessons A thorough assessment is needed prior to making recommendations for the plan of care. Convert to an in-person visit when technical problems or the need for a physical assessment compromise a virtual visit. Ensure that the patient (and family) understands and can repeat back your discharge instructions. Clinical Sequence Day 1: A 13-year-old female with a history of chronic dermatitis presented to urgent care...
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