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Medical Malpractice Law & StrategyLJN NewslettersNewsSections

Discovery Is Changing

By Chad L. Staller
April 22, 2011

The practice of medicine is changing significantly due to two developments: the increasing use of electronic health records (EHRs) by hospitals and physicians, and the use of increasingly sophisticated computerized clinical-decision support systems. These developments promise to affect medical-malpractice litigation profoundly, primarily in establishing liability. But also ' of particular interest to me as a forensic economist ' these innovations will affect the assessment of economic damages claims.

Determining damages is an exercise in research on the costs associated directly with the injury, the extent of lost earning power, the effects of inflation, productivity and other economic variables. Generally, the more information that is available, the more comprehensive the damages report. The adoption of EHRs should make detailed and comprehensive discovery of damages in medical-malpractice matters that much easier to accomplish.

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