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Electronic Medical Records Audit Trails

OnDemand Webinar (89 minutes)

Gain an understanding of the audit trails that are involved within electronic medical records for liability reasons. All who are involved in medical malpractice litigation (lawyers, health care risk managers, claims professionals, medical licensing agents) know how important the record is in evaluating a medical professional liability claim. Unlike paper medical records, the electronic medical record (EMR) can provide a detailed accounting of the timing of chart entries and audit of the identities of who have accessed and reviewed the chart. The 'audit trail' request that shows this embedded EMR information has become a standard discovery request and in some instances is being scrutinized more than the actual medical care. You will learn the liability and discovery issues associated with the EMR audit trail and the most recent court decisions that have changed the traditional practice of medical malpractice litigation. Do not let technology and the latest court decisions leave you behind. For all involved with medical malpractice, this is must know information.


Matthew P. Keris, Esq., Marshall, Dennehey, Warner, Coleman & Goggin


The Medical Record Now


• Paper Records and Native Form EMR

• Audit Trails

Native Form EMR Production Issues

• The Problem With Paper

• No Way to Provide Native EMR

Audit Trail Requests Are the New Normal

• Reasons?

- To Prove Alteration

- To Prove Chronology and Receipt of Information

- To Learn the Weaknesses in Cases

- To Defeat Dispositive Motions

• Valid Objections to Audit Trail Requests

HIPAA and the Audit Trail

Cases of Importance

Czyz v. Scherl (Native Form EMR Production vs. Audit Trails)

Green v. Pennsylvania Hospital (Need for Qualified Experts to Prove EMR Alteration)

Picco v. Glenn (How Not to Answer EMR/Audit Trail Discovery)

Myers v. Riverside Hospital (Cost Shifting)

Borum v. Smith (Use of Live EMR at Deposition; No Creation of "Dummy" Record)

Rauchfuss v. Schultz (Is This EMR Discovery in the Not Too Distant Future?)

• In Re Clapp (Pre-Complaint EMR Discovery)

Best Practices Moving Forward

Additional Formats

Audio & Reference ManualMore Info