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Electronic Health Records
Genesis Burkett was due to be home for Christmas. The premature infant in the neonatal intensive care unit (NICU) at Advocate Lutheran Hospital in Chicago was feeding and growing. Then a pharmacy technician typed in the wrong entry on an electronic health record (EHR) and the baby was given an overdose of sodium chloride ' 60 times the amount ordered by the physician. The baby died. Health Information Technology Raises Patient Safety Issues, Chicago Tribune, http://bit.ly/1kplIIa. Mistakes in computerized orders and other EHR errors have been implicated in deaths of other children. Walsh KE, Adams WG et. al., Medication Errors Related to Computerized Order Entry for Children. Pediatrics 2006; 118: 1872-1879; “Verdicts & Settlements Oct. 18, 2010: Failures in Care Alleged After Premature Birth.” Virginia Lawyers Weekly 18 Oct. 2010. Academic OneFile. Web. 14 Mar. 2014; Vitez, Michael, “When Medical Apologies Are Fodder for Suits.” The Philadelphia Inquirer , Nov. 6, 2011, http://bit.ly/1t0YDPZl. While EHRs are here to stay, what are the benefits and risks of this product? Do they create more or less legal liability for medical providers?
'Meaningful Use'
There is a push to encourage health care providers to embrace EHRs. The HITECH Act of 2009 authorized grants and incentives to promote their “meaningful use.” Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH Act), Pub. L. No. 111-5, Div. A, tit. XIII, Div. B, tit.IV Feb. 17 2009, 123 Stat. 226, 467 (codified in sections of 42 U.S.C.A.) There was a presumption that patients would be safer, but has that turned out to be true? Now that we are several years into this effort, the question becomes whether the hope of greater patient safety has proven to be true, and therefore translates to decreased liability for medical providers.
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