Be Sure to Request Electronic Medical Records in Nursing Home Neglect Cases

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More nursing homes have implemented electronic medical record systems and this trend will certainly continue as the cost decreases, technology improves and financial incentives in the form of higher reimbursement rates for treating Medicare patients are offered. 

Lawyers handling nursing home negligence cases must be sure to update their form discovery requests to make sure that certain types are electronic/computerized records are specifically requested or they risk exclusion of potentially helpful evidence of negligence. 

For instance, in litigating bedsore cases (also known as pressure sores or decubitus ulcers), we have encountered situations with nursing homes that utilize a computer/kiosk record keeping system requiring the nursing home geriatric nursing assistants who provide care (including turning and repositioning) to the patient to make an entry in a computer kiosk each and every time the patient is turned and repositioned.  In the event that such records do not document that the patient was turned and repositioned every two hours, this can be powerful evidence of negligence. 

Unfortunately, these electronic records may not always physically make their way into a patient's chart.  It is possible that nursing homes and their lawyers may try to read Plaintiffs' discovery requests narrowly to support a decision not to produce these records if they are not specifically requested. 

Our firm therefore includes the following Request in Plaintiffs' Request for Production of Documents in bedsore/pressure sore/decubitus ulcer nursing home negligence cases:

A complete copy of all of Defendant's files regarding Plaintiff including but not limited to medical records, nursing home admission records, computer records, electronic records, kiosk records, log records or other documents containing written or computer entries regarding Plaintiff made by geriatric nursing assistants, certified nursing assistants or other nursing assistants that were/are maintained separately from Plaintiff's medical records at [insert name of nursing home].

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Please feel free to contact the nursing home neglect attorneys at Dever & Feldstein, LLC at (888) 825-9119 for a free consultation if you believe that a family member or loved one has sustained serious injury or wrongful death as a result of bed sores (also known as pressure sores or decubitus ulcers), nursing home falls, dehydration/malnutrition, medication administration error/prescription mistake, elder abuse or elder neglect.

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This page contains a single entry by David Feldstein published on March 19, 2012 12:24 PM.

Nursing Home Arbitration Agreements and the Proposed Arbitration Fairness Act of 2011 was the previous entry in this blog.

Risk of Adverse Drug Reactions in the Nursing Home Population is the next entry in this blog.

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