Defending a Malpractice Claim: Changes that need to be made to EMR systems that benefit Doctors
ALL MD attorney Craig Brodsky offers his expert advice to Electronic Medical Record companies on how they can build a better system that benefit physicians and makes their day to day tasks easier.
Mr. Brodsky is a partner with the firm Goodell, Devries. He has represented attorneys, physicians, psychologists, healthcare organizations, nursing homes, group homes, developers, adoption agencies, and real estate brokers. He has developed a concentration in defending healthcare providers in birth trauma, and cerebral palsy ligation. He frequently presents to healthcare providers and attorneys on current developments in the law in medical issues.
Question 2 of 5
Interview was recorded June 12, 2015
Mike: Hi, my name’s Mike Matray, and I’m your host of Healthcare Matters, where the medical and legal community comes together to discuss healthcare matters. Today, my guest is Craig Brodsky. Mr. Brodsky is a partner with the firm Goodell, Devries.
Mike: Hi, my name’s Mike Matray, and I’m your host of Healthcare Matters, where the medical and legal community comes together to discuss healthcare matters. Welcome to Healthcare Matters, Craig.
Craig: Good morning.
Mike: A recent RAND Corp. and American Medical Society study called for complete design overhaul of electronic medical records to improve usability. If you had the opportunity to advise an EMR company on the redesign of it’s products, what changes would most benefit the defensibly of a malpractice claim?
Craig: I can think of a couple basic areas that would be really helpful for us. One, is simply the printability of the actual records. By the time a system comes to us and we are involved in a malpractice case, we’re often using paper copies or PDFs of printed out versions of charts. And if we don’t have a system that works well, in terms of putting pen to paper and in terms of what gets presented to the court and to other parties, it makes it very difficult for the interpretation of that data and what does it mean. So, from a malpractice standpoint and defending cases, if there’s a way to design a system that makes the printing of the actual electronic record for use in litigation better, that’s one item that we’d like to see change, as defense counsel.
Another thing that we think in defense counsel, in terms of making things easier, is we’d like to see the menus be better. A lot of these are drop-down menus, and fields that are populated automatically. And physicians sometimes don’t have the perfect matches. So, if there’s not a good match, we need for people to take the time to enter the information in, in the little manual fields. Like, for example, down at the bottom of the screens, so that the right information matches the patient. Lastly, the electronic medical records are wonderful for making access of prior information and bringing it forward into charts. What that means, though, from a malpractice standpoint, if something is wrong, or incorrect, or no longer applicable, it really needs to be corrected, as early as possible, so that it doesn’t continue to repopulate those fields.
Mike: Excellent. Well, thank you, Craig, for spending your afternoon with us here on Healthcare Matters. And good luck to you, and I hope to speak with you in the future.
Craig: Thanks very much for having me.