In the recent #HITsm chat, tireless patient advocate Sherry Reynolds offered this intriguing tweet:
Once EHR's are the standard of care sadly lawsuits will drive adoption .. "so why didn't you see the lab results doctor?" #HITsm
— CascadiaChat (@CascadiaChat) July 27, 2012
The first question I’d ask based on this tweet is when will EHR become the “standard of care.” I’m sure that some could argue that now based on the $36 billion in EHR incentive money that the government is spending. However, even the most optimistic EHR adoption numbers are at 50% and I’d put it closer to 30% with ambulatory EHR dragging that number down. With that said, what would it take to have EHR as the standard of care that a doctor provider? I’m not a lawyer, but I know a number of healthcare lawyers read this blog. I hope that some of them will chime in with their thoughts.
Sherry’s last comment about not having the lab results points more towards the exchange of healthcare data being the real issue a doctor could face. Not only would this be a potential lawsuit issue for doctors, but at some point enough patients will ask this question as well. I’m sure most doctors aren’t worried since we’re pretty far from that tipping point.
I do think that doctors are quite attune to liability and can be a very big motivating factor for them. I think the same will happen with insecure text messaging in healthcare. The first couple lawsuits against a doctor for sending PHI over text and we’ll see widespread adoption of secure text platforms.
While I can see some of the realities that Sherry tweeted about, a part of me really hates to think that fear of lawsuits would end up being the driving force behind EHR adoption.
Most times over the years I’ve gotten lab tests, I’ve come to expect that unless the results are horrific I’ll never know what they are. And that’s absurd. And even if bad, the fax may get lost. Or if I have to have an operation shortly after I’ve had an annual physical, I usually have to repeat all the tests since the surgical facility has no info on my results. What a waste! One can go on and on, but CPOE and the return of lab results is by itself a huge reason to go EHR!
BTW, I’m guessing text messaging of PHI has to be a HIPAA violation! Or sure ought to be.
R Troy,
Did you read this link about secure text messaging: https://www.healthcareittoday.com/2012/04/17/texting-is-not-hipaa-secure/ ? Definitely is a HIPAA violation.
John, I’m not even slightly surprised. Text messaging is in the clear, no guarantee of delivery, no real way to properly save, etc. Not good. And plain email is often just as insecure.
Ron
[…] Lawsuits Will Eventually Drive EHR Adoption? […]