Is Technology Helping or Hurting Your Litigation Chances?

The advent of electronic health records (EHRs) can only be a positive thing for patient care, correct? Maybe not. And EHRs would certainly prevent a number of malpractice suits, right? Guess again. While vast improvements in healthcare technology, including EHR adoption, create synchronicity among providers and streamline care delivery, errors within these systems create the potential for risk. In fact, medical liability claims with an EHR as a contributing factor are on the rise(1).

The risks with any new technology are twofold:

  • The potential for user error increases: Proper training is paramount to avoiding mistakes and issues
  • New software applications are rarely without technical glitches: Stay abreast of upgrades and patches, and have an experienced technical team (either in-house or through an external vendor)

Another common factor with increased electronic solutions is user burnout(2) – wherein healthcare staff tire of spending more time inputting data than they do actually caring for patients. Any system, no matter how sophisticated it is, can only be as good as the data it captures. It can’t think, and it can’t do a healthcare provider’s thinking for them.

One way to ensure that EHRs are accurate is to institute an official audit schedule. While this includes confirmation of edits/additions to records, it should also include an audit of the application itself to ensure the latest updates are downloaded and running properly. The best way to instill a sense of importance around any EHR audit is to garner involvement at every level of the practice. This includes proper training, proper audit authority, and proper incentives for successful EHR implementation.

Even seemingly foolproof technology can fail. If (when) it does, be sure that your practice is prepared to mitigate the potential damage. One important piece of the plan is having proper medical malpractice insurance in place(3). It’s important to understand what your policy covers before you need it. Your agent can educate you about the different policies available(4) and the best risk management plan for you.

Contact us today if you have questions about the risks associated with electronic health records and other technology in the healthcare industry. Our years of experience can help you decide which professional liability plan works for you.

Footnotes:

  • https://www.medicaleconomics.com/news/your-ehr-malpractice-risk
  • https://www.the-hospitalist.org/hospitalist/article/121825/potential-dangers-using-technology-healthcare
  • https://www.iii.org/article/understanding-medical-malpractice-insurance
  • https://www.naic.org/cipr_topics/topic_med_mal.htm

Signed Consent: Does it Prevent Litigation?

Many healthcare professionals believe that a signed document equals informed consent, and that no further documentation is necessary. While that theory is basically true, there is definitely a difference between theory and practice. The obligation (in both the ethical and legal sense) to fully inform patients of the risks, benefits, and alternatives to treatment falls to the treating provider. Informed consent is best described as a process, not a single document. Patients must demonstrate their understanding of the treatment being pursued, as well as an explanation of both the provider’s and the patient’s roles in the treatment, as well as the risk of addiction to the medications prescribed.

Consider our recent case study(1) involving a patient who allegedly died of a prescription overdose because the plaintiff contends that the multiple providers he sought treatment from were negligent in monitoring his conditions and medications. Reading through the documentation, it seems that no single provider was aware of the patient’s entire medical history, nor his current medication intake. And while the patient provided informed consent about the possibility of drug interactions to multiple providers, the seriousness of the situation did not appear evident to all involved parties, including the providers and the patient.

CARE Professional Liability Association and OmniSure Consulting Group(2) suggest the following steps to reduce your professional risk(3):

  • Customize consent forms to be as procedure-specific as possible; generic forms are too generalized to communicate proper information
  • Document the entire consent process in the patient’s medical record, including the conversation with the patient and specific questions they asked and how they were answered
  • Create policies and procedures outlining who specifically can obtain informed consent
  • Audit medical records periodically to validate that documentation and informed consent processes are being followed correctly

Patients might be too embarrassed to ask questions about the procedure, or might not even know what to ask if they don’t understand the consent form. Or they might feel rushed, or simply downplay the consent form’s importance. It’s our job as healthcare providers to make sure patients are comfortable enough to ask pertinent questions so that their consent is not simply a signature, but a complete understanding of the treatment they receive.

Contact us today. We can help you develop an informed consent documentation plan that works for both you and your patients.

Footnotes

  • https://care-ins.com/case-studies/
  • https://www.omnisure.com/
  • https://www.riskfitness.com/informed-consent-recommendations

CARE Joins Forces with Digital Surgery

At CARE, we strive to partner with other industry leaders who can bring high-quality, meaningful contributions to our members. In the spirit of that goal, we have joined forces with Digital Surgery, a leader in simulation training, surgical video management and storage, and automated surgical analytics. Digital Surgery’s award-winning mobile application Touch Surgery houses more than 200 surgical simulations across 14 specialties, and its content library is continuously growing. The company’s latest offering, Touch Surgery Professional, offers secure video storage and management, automated analytics, annotation tools, and sharing capabilities for peer review and training purposes.

Together, CARE and Digital Surgery offer unique benefits to members that make coverage through CARE an even more invaluable investment. For example, qualified* Touch Surgery Professional (TS Pro) members can receive up to 10% off their CARE insurance policy. Another benefit of combined membership is knowledge exchange, which grows exponentially as members exchange ideas, solutions, and best practices via the TS Pro platform.

Digital Surgery’s goal is to utilize digital technology to empower surgeons and surgical teams all over the world to create safer, better outcomes. Like many of us in the healthcare field, Digital Surgery wants its tools to help increase knowledge and improve the delivery of surgical care across the globe. 

Contact us today. We can help you maximize your membership through our collaboration with Digital Surgery. Working together, we bring these industry-leading tools and resources to you to optimize your and your team’s training, shared learning, and performance in the operating room. 

*Qualified Digital Surgery members are those who have signed up for the Touch Surgery Professional offering, available for $999 for an annual subscription. This subscription provides access to (1) all of Digital Surgery’s publicly available CG and video-based simulations, (2) Digital Surgery’s video upload and storage platform, with automated analytics for selected procedures, (3) tools to annotate videos; add instruments, notes, and assessments; and to share with colleagues or trainees for peer review or training purposes. A minimum of 50 surgical videos are required to be uploaded annually to the Touch Surgery Professional video platform in order to remain eligible for the CARE insurance premium discount.