Civil liability arising from the electronic health record systems

Electronic health record systems are one of the intersection points of health care services and Information Technologies. These systems are not only means of recording and storing health information of patients in electronic environment, but also comprise tools which could carry out multiple functions. The prominent aim among the aims of the electronic health records system and its containing tools is to render quality health service to patients. This main aim requires technical, semantic and organisational interoperability within the system itself and with other systems which let them easily to exchange data and coordinate. Hereby, the doctors and the health care entities who the patients resort are going to have access all the patient's health information such as medical history, tests, results and radiology reports. This access is going to facilitate the doctors in making diagnosis or determining treatment methods and lighten their burden. EHR systems are to bring forth predictable and unexpected several adverse results just like every new technological improvement. It is within the realms of possibility that the errors originating from the users, the technology or the work environment which occur on one part of high level dependent and interoperable systems could be misleading for all the health care professionals who take care of patient and have access to the systems and it is possible that erroneous decisions could be made based on these misleading information. One little glitch, incomplete or incorrect content in the system wheel could progress and grow in series of errors which have a direct effect on patient and patient may get harm. The patient may claim compensation on the basis of contract or tort law for the medical malpractice damages. For this exact reason, it should be examined how the use of EHR systems change the scope of the doctors duty of care and how the conditions of medical malpractice liability should be re-evaluated in the light of the electronic environment and system features.