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Attacking the Electronic Medical Record

By Ben Rubinowitz and Evan Torgan

The electronic age has paved the way for speedy retrieval of medical records. It has allowed for instantaneous access to records that only a few decades ago would have taken hours if not days to retrieve or produce. Clearly, there are many benefits to such records including, theoretically, better patient care. But the problem is that the electronic record is only as good as the individuals who input the information into the record itself. While the record should accurately reflect the details of the ongoing medical treatment, a careful look at these records often reveals inaccuracies that not only adversely affect patient care ' the primary goal of all physicians ' but also serves to undermine the integrity of the entire record.

To the extent that the medical record contains false or inaccurate information, it is not enough for the trial lawyer prosecuting a medical malpractice case to expose a limited error. The goal should be to attack in such a way as to show that the entire record is untrustworthy, less than credible and a document that is not worth the paper on which it is printed.

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