In today’s healthcare system, electronic medical records (EMRs) are the backbone of patient documentation. When a medical malpractice case arises, these digital records become critical pieces of evidence. Understanding how EMRs are used, and how they can help or hurt your claim, is essential for anyone involved in a medical negligence case.
What Are Electronic Medical Records?
EMRs are digital versions of the paper charts traditionally used in medical settings. They include a wide range of information, such as:
- Patient histories,
- Doctor and nurse notes,
- Medication lists,
- Imaging and lab results,
- Appointment logs,
- Treatment plans, and
- Audit trails (time-stamped logs showing who accessed or altered the record).
Because these records are timestamped and often include metadata, they can provide a detailed account of what happened, and when, during a patient’s treatment.
Why EMRs Matter in Malpractice Cases
In a medical malpractice lawsuit, the central issue is whether a healthcare provider failed to meet the standard of care, resulting in harm to the patient. EMRs can be used to establish or dispute this claim by:
- Reconstructing the timeline of treatment decisions and events,
- Identifying errors or omissions, such as a missed diagnosis or incorrect medication,
- Highlighting communication breakdowns among medical staff, and
- Tracking updates or changes in the patient’s condition.
Challenges with EMRs
While EMRs offer many advantages, they also come with unique challenges in malpractice litigation. For example, sometimes healthcare providers may copy and paste old notes or fail to update records properly. This results in misleading or outdated information.
Further, reading EMRs isn’t always straightforward. They often use medical jargon, shorthand, and software-specific codes that require expert interpretation. In many cases, medical and technical experts are brought in to explain EMR data to the court.
How EMRs Are Obtained in a Lawsuit
To access EMRs in a malpractice case, your attorney will usually send a formal request or use a discovery process to obtain them from the healthcare provider. This request may include not just the patient chart, but also:
- The full audit trail,
- Any deleted or archived entries, and
- System logs showing EMR access history.
Courts can compel healthcare facilities to turn over this information, especially if there is concern about record tampering or concealment.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.