Following President George W. Bush’s 2005 mandate, nearly every health care system has converted from hard copy paper records to an electronic medical records (EMR) system. We are now beginning to receive guidance from the appellate courts on how to handle some of the unique EMR litigation issues. The following is an overview of EMR cases that may impact the standard of care in medical professional liability cases.
Attempts to Deny Doctor Access to EMR
One of the goals of EMR adoption was to make the patient’s entire chart accessible so physicians would have a complete medical history at their fingertips. In a novel argument, a patient sought to limit his doctors from accessing his complete EMR record in Ortega v. Colorado Permanente Medical Group, 265 P.3d 444 (Colo. 2011), arguing that he did not waive the privilege to records for treatment rendered in another state at an earlier time.
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