The promise of electronic health records (EHR) seems clear: The digital records of everything from prescriptions to CT scans could raise the quality and lower the cost of healthcare.
Fulfilling this promise is likely to become more urgent as healthcare reform brings 35 million more Americans into the health insurance fold, all needing care.
Some of us worry about the security and privacy of our electronic medical information. But what about the liability risks EHR systems pose to care providers?
Two Case Western Reserve University professors say potential software or hardware problems, as well as user errors, could make the systems liabilities.
“Plaintiffs whose alleged injuries are associated with EHR systems could sue healthcare providers for medical malpractice,” wrote Sharona Hoffman, professor of law and bioethics, and co-director of Case Western Reserve’s Law-Medicine Center, and her husband, Andy Podgurski, professor of computer science at the university’s School of Engineering, in their article E-Health Hazards: Provider Liability and Electronic Health Record System published in the Berkeley Technology Law Journal.
“Those who believe that their records were improperly disclosed to third parties could assert privacy violation claims,” Hoffman and Podgurski said in their paper. “In addition, providers accused of negligent EHR-system use could face disciplinary proceedings initiated by professional organizations, government enforcement actions, criminal prosecutions and other adverse consequences.”
Computer errors can have human consequences. “If a computer problem causes an error in somebody’s drug prescription, medication dosage or surgical procedure, that can be catastrophic,” Hoffman said.
A Deep-dive Into Specialty Pharma
A specialty drug is a class of prescription medications used to treat complex, chronic or rare medical conditions. Although this classification was originally intended to define the treatment of rare, also termed “orphan” diseases, affecting fewer than 200,000 people in the US, more recently, specialty drugs have emerged as the cornerstone of treatment for chronic and complex diseases such as cancer, autoimmune conditions, diabetes, hepatitis C, and HIV/AIDS.
Hoffman and Podgurski, who participated in a Sound of Ideas panel at WCPN-FM Thursday morning, are known for their research that documents a national need for effective EHR regulation, according to an EurekaAlert! release on the couple’s latest article. “This new piece focuses on healthcare providers’ liability,” Hoffman said in the release. “Its very personal to healthcare providers. It’s what everybody who sits at that computer and uses it to manage patient care needs to know.”
Many doctors may not be fully aware of their liability risk if an EHR system contains software bugs, is too complicated to use or training for users is insufficient, Podgurski said. “Whether or not there is a software bug, in the sense of a clear error that causes a wrong output, the usability of the system may be lacking, and that may lead a user to make mistakes that have safety implications.”
The authors make the case for thoughtful intervention and sound guidance from government and medical organizations to manage these potential liabilities.
