What Attorneys Must Know About Electronic Health Record Errors
In today’s healthcare landscape, nearly all medical documentation is stored and managed through electronic health records (EHRs). While EHR systems are designed to improve accuracy and streamline care, they can also introduce errors, omissions, and inconsistencies that impact the outcome of medical-legal cases.
For attorneys handling malpractice, personal injury, or elder care litigation, understanding how to identify and interpret EHR errors is essential. At Lexcura Summit Medical-Legal Consulting, our legal nurse consultants (LNCs) assist law firms in navigating the complexities of electronic documentation and uncovering hidden evidence that can strengthen or weaken a claim.
Here’s what every attorney must know about EHR errors—and how to use them strategically in litigation.
⚠️ Why EHR Errors Matter in Legal Cases
Electronic health records are often viewed as objective evidence—but they are not immune to human error or system limitations. In fact, many malpractice and liability claims involve charting issues directly tied to how EHRs are used.
Common consequences of EHR errors:
Missed diagnoses due to overlooked test results
Delayed treatment due to communication failures
Medication errors caused by incorrect input or duplication
Inconsistent timelines that affect causation analysis
Altered or missing notes that complicate discovery
📌 EHRs can protect providers—or expose liability—depending on how accurately they reflect real-time care.
🧾 Common Types of EHR Errors Attorneys Should Watch For
1. Copy-Paste (Cloned) Notes
When providers reuse the exact text across multiple days or patients, it creates:
Redundancy
Inaccurate clinical status
A false sense of continuity in care
📌 LNC Insight: We identify where cloned notes mask deterioration or delay escalation of care.
2. Late or Backdated Entries
Entries added after the fact, especially without proper notation, may suggest:
Attempted cover-up
Poor documentation habits
Liability concerns
📌 Our consultants compare time stamps with event logs and patient conditions to flag potential discrepancies.
3. Medication Errors
These may involve:
Duplicate orders
Incorrect dosages
Missed administration documentation
Failure to reconcile medications after transfers
📌 Lexcura Summit LNCs cross-reference MARs (Medication Administration Records) with vitals, provider orders, and outcomes.
4. Disorganized or Incomplete Audit Trails
EHR audit trails should track:
Who accessed the records
When entries were made
What changes occurred
If these logs are missing or incomplete, they can’t confirm when care occurred or if charting is valid.
📌 We help attorneys request, interpret, and leverage audit trails to uncover key timing issues and chart alterations.
5. System-Generated Errors
Technology-based problems can include:
Drop-down menu selection errors
Incorrect auto-populated fields
Software interface delays or glitches
📌 These system flaws may create chart inaccuracies not caused by clinical staff—but still relevant to case outcomes.
🔍 How EHR Errors Affect Legal Strategy
Attorneys must be prepared to:
Distinguish between human and system error
Determine if care documentation was accurate and timely
Evaluate whether EHR-related issues impacted the standard of care or causation
Without a trained medical expert—or LNC support—key errors may go unnoticed or misunderstood.
👩⚕️ How Lexcura Summit Helps Attorneys Navigate EHR Errors
Our legal nurse consultants specialize in identifying and analyzing EHR errors by:
✅ Reviewing full electronic medical records for red flags
✅ Reconstructing care timelines based on clinical data
✅ Evaluating the standard of care using real-world nursing insight
✅ Cross-referencing audit trails with chart entries
✅ Supporting expert witness alignment and deposition prep
Whether you're pursuing or defending a claim, we ensure the EHRs work for your strategy—not against it.
Why Attorneys Trust Lexcura Summit
With a team of over 200 licensed medical professionals, we provide:
7-day turnaround on standard reviews
HIPAA-compliant digital handling
Custom medical chronologies and summaries
EHR-specific analysis for plaintiff and defense firms
We turn electronic records into clear, reliable litigation tools.
Final Thoughts
Electronic health record errors aren’t always obvious—but they can shape liability, causation, and damages. With the help of a legal nurse consultant, attorneys can uncover the truth behind the chart and utilize EHR evidence to support a stronger, more informed case.
📞 Contact Lexcura Summit Medical-Legal Consulting today to review your next case for EHR errors—and make the most of every record.
www.lexcura-summit.com or Tel: 352-703-0703
