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Electronic Health Records

By Barry B. Cepelewicz and James R. Denlea

While most physicians today have yet to make the leap into using electronic health records (EHR), more and more physicians are implementing EHR technology in their practices. As a result, physicians and their counsel are now confronting the various hurdles relating to e-discovery in their defense of medical malpractice claims.

Proponents of EHR claim that such systems provide a more complete and legible medical record, improve organization, decrease medication-related errors and increase office efficiency and billing accuracy. However, putting aside the two most significant criticisms physicians have expressed toward EHR ' its difficulties of use and potentially significant costs ' there are also risks associated with the use of EHR that can adversely impact the physicians' defense in litigation.

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