Electronic Health Records and Medical Liability
The American Recovery and Reinvestment Act of 2009 promises to trigger an explosion in the use of electronic health records through direct payments to health providers. While the privacy concerns related to electronic health records (EHR) have been discussed at length, little attention has been given to the impact EHR might have on a provider's medical malpractice liability risk. Former Petrie-Flom Student Fellow Lindsey Murtaugh came to Harvard Law School to present new research she is conducting on the potential risks and benefits to malpractice liability posed by EHR in four areas: (1) risks arising during EHR implementation; (2) changes in practice patterns as the systems mature; (3) an evolving standard of care; and (4) the malpractice litigation process. Currently, Lindsey holds a position as Research Associate at Harvard School of Public Health's Department of Health Policy and Management.