This article, posted by Tillinghast Licht Perkins Smith & Cohen, LLP, on Findlaw.com, looks at the application of information technology to the health care industry from a decided legal standpoint. Outlining the broad goal of health care reform as the basis for the dynamic growth of integrated delivery systems, the article discusses the risks and security threats involved in electronic medical records systems. From a professional liability perspective, the article points out that while computerized medical records might pose less risk than multiple medical histories in different locations, with different or even contradictory information in them, the flip side of that coin is that the risk of breaching patient confidentiality may be higher as more personnel may have easier access to a larger amount of patient information in a centralized electronic medical information model.
If a system lacks reasonable security in design, operation, or maintenance, the article goes on to postulate, a court could determine that records stored on that system are not sufficiently reliable to be admissible in a legal proceeding, leaving the health care provider or practice unable to defend itself properly in a malpractice case. Several scenarios and at least one suggested approach to security and limited access are discussed in the article as well.
http://library.findlaw.com/2004/Sep/19/133570.html