7th Annual Medical Liability Insurance ExecuSummit - September 13 & 14, 2011



The Risks and Rewards of EMR:
Meaningful Use or Tool for Abuse?


Victoria L. Vance
Counsel
Tucker Ellis & West LLP


With the advent of technology and substantial financial support and encouragement of the federal government, the Electronic Medical Record (EMR) is fast becoming
a defining symbol of modern healthcare.

The EMR offers the potential to increase quality and efficiency, while decreasing overall costs. When designed and deployed effectively, it is a powerful tool for physician communication and collaboration. But the EMR can also expose inherent weaknesses in a healthcare system, and introduces a new set of liability risks that affect the practice and perception of medicine, from the boardroom to the courtroom.

This presentation will explore liability issues ranging from privacy, security and access, to EMR Documentation, decision-tools and the very definition of the Legal Medical Record. "healthcare operations. It will enlighten the audience on the primary and hidden areas of focus of these entities, including patient safety, quality of care, billing, coding, and self-reporting of violations and unexpected events.

There will be emphasis on the correlation between reported areas of non-compliance with regulatory mandates, and the risk exposures this information identifies for underwriters, actuaries, and claims managers. The fragile issue of the discoverability of these reports and their impact on claims management will also be reviewed.

Listen, Learn & Discuss:
  • Identify the clinical drivers and regulatory impetus for development of the EMR.
  • Recognize the liability risks associated with the deployment of an EMR system, and learn techniques for workforce EMR training and utilization to minimize and manage those risks.
  • Explore the impact the EMR is having on the standards of modern medical care, and how those evolving standards are redefining the
  • proof and presentation of malpractice cases.
About the Presenter:

Victoria L. Vance has joined the Cleveland office of Tucker Ellis & West LLP as Counsel. Ms. Vance is the former Senior Counsel and Director of Litigation for The Cleveland Clinic Foundation. Drawing upon her experiences at The Cleveland Clinic and a successful 20-year trial practice, Ms. Vance’s practice will focus on counseling and representing healthcare providers, insurers, reinsurers, and underwriters in the evaluation, monitoring, management, and resolution of claims, investigations, and other risks. She will also be assisting parties in evaluating and resolving a broad range of civil, commercial, and personal injury disputes.



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