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Electronic Medical Records in Medical Malpractice - Secrets Unlocked

presented by NBI, Inc.
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Electronic Medical Records in Medical Malpractice - Secrets Unlocked

Workshop Description/Agenda

Dig Deep Into the Metadata, Identify Malpractice Landmines, Effectively Examine Experts and More

Data entry errors, copy-and-paste mistakes, alert issues leading to medical errors - electronic medical records (EMRs) can be a goldmine of information for medical malpractice claims. Do you know where to look for the evidence you need? Do you know how to tap into the secrets hidden in the audit trails? In this program, seasoned plaintiff and defense attorneys will provide their unique perspectives and insights on EMRs in medical malpractice litigation. Get the strategies you need to effectively prove or disprove liability - register today!

  • Gain practical insights from both sides and learn how to use EMRs as an offensive or defensive tool.
  • Uncover tips and techniques for addressing e-discovery issues with electronic medical records.
  • Delve into metadata to determine if there were any deficiencies in the standard of care.
  • Know what to look for and where to find it: explore user mistakes and system issues that cause medical errors.
  • Learn real-world techniques for deposing EMR experts and getting the information or concessions you need.
  • Tackle evidence issues with EMRs and gain practical pointers for presenting them in court.


10:00 am to 5:00 pm Eastern Standard Time

  1. Electronic Medical Record Production and Discovery Issues
    10:00 - 11:00, Chase M. Gruszka
    1. EMR Regulations, Systems and Med Mal Case Law
    2. Preserving All EMRs and Communications
    3. Creatively Applying the Rules of Civil Procedure
    4. Tips and Tactics for Requesting Parties
    5. Sample Request for Production and Interrogatories
    6. Discovery Shields and EMR Production Techniques
    7. Resourcefully Sifting Through and Organizing EMRs
  2. Metadata/Audit Trails: Finding Hidden Gems
    11:15 - 12:15, Jason K. Winslow
    1. Metadata Disclosures and Production Issues
    2. Understanding Access Logs, Audit Trails and Audit Logs
    3. Who Had Access to the Record and When?
    4. Getting an Accurate Timeline
    5. Determining the Actual Care Given by the Physician
    6. Was There Any Wrongdoing?
    7. Was the Record Altered/Modified?
    8. Sample EMR Review
  3. EMR Issues and User Mistakes: Areas Ripe for Liability
    12:45 - 1:45, Jason K. Winslow
    1. Top EMR Pitfalls for Hospitals, Physicians and Nurses
    2. User Mistakes: Establishing/Disestablishing Miscommunication and Incompetence
      1. Outdated, Incomplete or Incorrect Records
      2. Incorrect Information Input; Auto Fill/Correct Issues
      3. Drop-Down Menus
      4. Copy/Pasting Mistakes
      5. Doctor-Nurse Communications Not in the EMR - i.e. Text Messages
      6. Alert Issues/Fatigue
      7. Voice Recognition Issues
    3. Hospital Liability and IT Vendor Liability
      1. System Failures, Design Flaws, Lack of Alerts, etc.
      2. EMR Implementation/Conversion Pitfalls
      3. Inadequate Training of Staff
      4. Risk-Shifting Provisions in EHR Provider-Medical Provider Contracts
  4. Doctor and EMR Expert Deposition and Cross-Examination Tactics
    1:45 - 2:45, Chase M. Gruszka
    1. Finding the Best EMR and Medical Experts
    2. Investigation and Preparation Strategies
    3. Practical Questioning Techniques
    4. Powerful Questions You Must Ask
    5. Handling Discrepancies Between the Printed Record and What is on the Screen
    6. Tactics for Defending Depositions
  5. Authenticating EMRs, Getting Them Admitted and Presenting at Trial
    3:00 - 4:00, Salvador A. Mungia
    1. Strategically Using Electronic Medical Records During the Pretrial Stage
    2. Assessing EMR Accuracy/Inaccuracy
    3. Getting the Records Into Evidence
    4. Powerful Presentation of Records at Trial
    5. Creatively Using EMRs in Your Arguments
  6. Legal Ethics
    4:00 - 5:00, Salvador A. Mungia
    1. The General Rule of Confidentiality for Medical Records
    2. HIPAA Standards
    3. Mandatory Disclosure
    4. Questions of Access
    5. Guarding Against Breach of Confidentiality
    6. Ethics of Using Experts

Who Should Attend

This program is designed for attorneys. Insurance professionals, medical professionals and paralegals may also benefit.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Health Care Training > Medication

Training Course Summary: Electronic Medical Records in Medical Malpractice - Secrets Unlocked

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