Liability for medical malpractice after implementation of electronic health record system

Open Access

Abstract

We entered into the era of digitalization. Digitalization has affected many different areas, the health care sector is not an exception. The European Co mmission, the Government of th e Republic of Lithuania emphasis e that information and communication technologies, including electronic health records, applied to health and healthcare systems, can increase their efficiency, improve quality of life and unloc k innovation in the health care sector. However, looking at these indicated aims, it has to be recognised that the implementation and use of electronic health records have raised many legal questions. At present, legal questions widely addressed in the jur isprudence are related to the privacy and the ownership of health data issues. Nevertheless, little attention is devoted to the dilemma of will and how the use of electronic health records will affect the application of civil liability for medical malpract ice. In Lithuanian context, this question has never been analysed. Therefore, the purpose of this conference paper is to analyse whether any changes will arise in the application of civil liabi lity for medical malpractice after implementation of electronic health record system , what quite new questions it will raise. In order to achieve the mentioned goal, first of all, the general system of elec tronic health records is presented, including its aim and functioning in Lithuania. Secondly, the paper analyses whether the use of electronic health records will affect the application of civil liability for medical malpractice, its assessment in courts, what quite new legal issues it will raise. Having analysed the abovementioned issue, based on the opinions of leg al scholars and on the conducted researches, the paper concludes that the use of electronic health records will definitely affect the application of civil liability for medical malpractice. Two main aspects have been identified: firstly, it will provide be tter documentation of clinical findings. Therefore, it will allow courts to better identify the precise sequence of events in the provision of health care services. Secondly, courts will have to address quite new legal issues in applying civil liability.