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Copy and Paste Run Amok—EHRs and Malpractice

Author: Journal of AHIMA Staff

Source: Journal of AHIMA

Publication Date: September 2016


As if physicians needed another reason to be wary of electronic health records (EHRs), a new study finds that malpractice claims related to EHR use have risen in accordance with increased EHR adoption.


The study, which was conducted by The Doctors Company, a malpractice insurance....

What It Means to Be Deposed

Author: Hedges, Ron

Source: AHIMA blog post | Journal of AHIMA - website

Publication Date: July 22, 2016




In this blog I talk about legal consequences. I usually provide current examples of what those consequences might be under a specific set of facts. Here, instead, I want to highlight a litigation-related event that readers might experience in the future—or perhaps already have: a depo....

What Lies Ahead in 2016?

Author: Hedges, Ron

Source: AHIMA blog post | Journal of AHIMA - website

Publication Date: December 18, 2015





This is the last Legal e-Speaking post of 2015. I thought I would use it to predict what 2016 might bring in litigation and beyond. When looking ahead to the next year, there are many possible things that HIM professionals should keep an eye out for, but five stand out to m....

Mastering the Inbox Information Era: Patient-Generated Data and Mobile Health are Changing the Management of Health Information

Author: Butler, Mary

Source: Journal of AHIMA

Publication Date: September 2015



When Melissa Ziller’s daughter was diagnosed with type 1 diabetes three months before her third birthday, Ziller grappled with all the usual worries that come with the diagnosis. Chief among them was pricking her toddler’s fingers multiple times per day to test her glucose levels. Shortly....

ESI Meets Court Order

Author: Hedges, Ron

Source: AHIMA blog post | Journal of AHIMA - website

Publication Date: June 11, 2015



I’ve written for AHIMA on various subjects, including preservation and spoliation of electronically stored information (ESI). This month, I want to ask you to think about both.


To start, consider this premise: The parties to a civil action agreed to an order “on D....

How to Respond to Subpoena and Discovery Requests

Author: Hedges, Ron

Source: Journal of AHIMA

Publication Date: November 2014



Health information management (HIM) professionals are frequently pulled into litigation due to their role as custodians of health records and protected health information. This role also can categorize them as parties to civil litigation, which obligates them to produce any relevant infor....

Risks and Results of Data Spoliation

Author: Hedges, Ron

Source: Journal of AHIMA

Publication Date: October 2014



The September e-HIM Best Practices article answered some basic questions about preservation of records in the context of civil litigation. This article will consider the question, “What if something goes wrong?”

Spoliation Defined


Health information management (H....

How and Why to Preserve Health Records During Litigation

Author: Hedges, Ron

Source: Journal of AHIMA

Publication Date: September 2014



The term preservation, when used in a legal context, refers to placing information identified as relevant to a civil or criminal US court case in a legal hold to ensure the data is not destroyed or tampered with.


Health information managers, or anyone who works with records....

How to Prepare the Record for an E-Discovery Request

Author: Kearney, David

Source: Journal of AHIMA

Publication Date: February 2014



At a minimum healthcare organizations should identify the components of their legal health record. The legal health record is a consistent declaration of what patient care information is maintained within an organization and what information would be released during a legal or investigato....

E- Discovery Litigation and Regulatory Investigation Response Planning: Crucial Components of Your Organization’s Information and Data Governance Processes

Author: AHIMA

Source: AHIMA practice brief

Publication Date: November 2013

I. What is E-Discovery?



E-discovery is defined as the pretrial legal process used to describe the method by which parties will obtain and review electronically stored information. The 2006 Federal Rules of Civil Procedure (FRCP) served to place electronically stored information (....

Managing Health Information in Mobile Devices

Author: Washington, Lydia

Source: Journal of AHIMA

Publication Date: July 2012


While the jury is still out on whether mobile devices will eventually replace laptops and PCs, many observers are predicting that their use will continue to explode in the next few years. There are currently at least 10,000 health-related apps that could be downloaded to a mobile electronic de....

Mandates Encourage E-Discovery

Author: AHIMA

Source: Journal of AHIMA

Publication Date: May 2012


Today's US healthcare delivery system is facing an unprecedented sea change, led by federal initiatives that will foster a rise in the number of e-discovery requests hitting HIM departments.

Federal initiatives like the American Recovery and Reinvestment Act, the Patient Protection an....

Creating a Legal Health Record Definition

Author: McLendon, Kelly

Source: Journal of AHIMA

Publication Date: January 2012


As a medical record custodian, it is the HIM professional's responsibility to address legal EHR issues proactively rather than reactively. Defining an organization's legal health record (LHR) in advance will enable an entity to be prepared for both routine and high-stress record requests. Ever....

Privacy and the EHR

Author: Nelson, Debra S

Source: AHIMA Convention

Publication Date: October 02, 2011


Determining how to implement privacy regulations and policies in an electronic record environment can not only be daunting but also thought of quite late in the EHR implementation process. Daily processes and tasks such as reviewing the medical record with patients to processing requests for a....

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