Personal Injury & Negligence

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Electronic Medical Records in Medical Malpractice: Plaintiff and Defense Strategies

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Upon Request 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Kentucky CLE Approved 3 Total
Louisiana CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Mississippi CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Approved 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Upon Request 3 Total
Live Online
3 hours
Mark Favaloro
Tina Baxter
Alexandra Ah Loy
With Mark J. Favaloro from Favaloro Law + 2 others

Tue, Jun 09, 00:00 AM – 00:00 PM

Product ID 101996

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$319

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Overview

Find the Evidence You Need to Prove or Minimize Liability

Electronic medical records may have been created for efficiency and accuracy, but they're not free from user or design errors. Copy-and-paste mistakes, failed or ignored alerts, erroneous auto-populated text - their use can create a lot of confusion and errors which ultimately result in patient injury. Knowing how to effectively tap into and use this treasure trove of evidence can be vital to winning your medical malpractice case. In this program, seasoned faculty will share their hard-won knowledge and help you formulate effective strategies for handling discovery, metadata, and other EMR issues. Enhance your skills with insights from both sides of the table - register today!

  • Gain a better understanding of the different EHR systems, how they function, and what their vulnerabilities are.
  • Uncover plaintiff and defense strategies for addressing EMR issues during the discovery process.
  • Learn how to make sense of EMR metadata to identify evidence of medical malpractice or document tampering.
  • Discover how to effectively argue up different user or system-related errors.

Abbreviated Agenda

  1. Epic and Other EHR Systems: How They Work and What Their Issues Are
  2. Discovery and Production - Plaintiff and Defense Strategies
  3. Metadata/Audit Trails - Finding Red Flags
  4. AI, Automation, and Clinical Decision Support
  5. Design and User Errors - Techniques for Proving or Mitigating Liability

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Related Topics

Product ID 101996

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 3 Total
Alabama CLE Approved 3 Total
Arkansas CLE Approved 3 Total
Arizona CLE Approved 3 Total
California CLE Approved 3 Total
Colorado CLE Approved 4 Total
Connecticut CLE Approved 3 Total
Delaware CLE Approved 3 Total
Florida CLE Approved 3.5 Total
Georgia CLE Approved 3 Total
Hawaii CLE Approved 3 Total
Iowa CLE Upon Request 3 Total
Idaho CLE Approved 3 Total
Illinois CLE Approved 3 Total
Indiana CLE Approved 3 Total
Kansas CLE Approved 3.5 Total
Kentucky CLE Approved 3 Total
Louisiana CLE Approved 3 Total
Maine CLE Approved 3 Total
Minnesota CLE Approved 3 Total
Missouri CLE Approved 3.6 Total
Northern Mariana Islands CLE Approved 3 Total
Mississippi CLE Approved 3 Total
Montana CLE Approved 3 Total
North Carolina CLE Approved 3 Total
North Dakota CLE Approved 3 Total
Nebraska CLE Approved 3 Total
New Hampshire CLE Approved 3 Total
New Jersey CLE Approved 3.6 Total
New Mexico CLE Approved 3 Total
Nevada CLE Approved 3 Total
New York CLE Approved 3.5 Total
Ohio CLE Approved 3 Total
Oklahoma CLE Approved 3.5 Total
Oregon CLE Approved 3 Total
Pennsylvania CLE Approved 3 Total
Rhode Island CLE Approved 3.5 Total
South Carolina CLE Approved 3 Total
Tennessee CLE Approved 3 Total
Texas CLE Approved 3 Total
Utah CLE Approved 3 Total
Virginia CLE Approved 3 Total
Vermont CLE Approved 3 Total
Washington CLE Approved 3 Total
Wisconsin CLE Approved 3.5 Total
West Virginia CLE Approved 3.6 Total
Wyoming CLE Upon Request 3 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Epic and Other EHR Systems: How They Work and What Their Issues Are

    1. Understanding the Different EHR Systems
      1. Epic
      2. Oracle Health (Formerly Cerner)
      3. MEDITECH and Other Notable Systems
    2. HITECH Act, HIPAA, and Electronic Medical Records
    3. Applying the Code of Federal Regulations to EMRs
    4. 21st Century Cures Act: Information Blocking, Interoperability, and Access Rights
    5. Relevant Case Law

  2. Discovery and Production - Plaintiff and Defense Strategies

    1. Preserving All EMRs and Communications
    2. Plaintiff's Perspective: Best Practices in Requesting and Obtaining EMRs
    3. Discovery Shields and EMR Production Techniques
    4. Producing in Native Format vs. Paper/Printed Records
    5. Producing EMR Audit Data
    6. Sifting Through and Organizing EMRs
    7. Retaining and Working With Experts
    8. Deposing Doctors and EMR Experts - Questions You Must Ask
    9. Case Law Review and Sample Discovery Request

  3. Metadata/Audit Trails - Finding Red Flags

    1. Which Patients Did the Doctor See and for How Long?
    2. Who Accessed the Data? When?
    3. What Information was Viewed? How Long?
    4. Did the Doctor Ignore Any Warnings?
    5. How (or When) Was the Document Modified?
    6. Did a Restored Backup Alter the Metadata?
    7. Using the Audit Trail and Access Logs to Authenticate EMRs

  4. AI, Automation, and Clinical Decision Support

    1. AI-Assisted Charting, Clinical Decision Support, Algorithm-Driven Alerts, and AI Scribes
    2. Who Authored the Note - Human or System?
    3. Was the Output Reviewed?

  5. Design and User Errors - Techniques for Proving or Mitigating Liability

    1. Copy-and-Paste Mistakes
    2. Errors Resulting From Drop-Down Menus, Autopopulate, and Canned Text
    3. E-Prescribing Issues
    4. Problematic Notes and Messages
    5. Outdated/Incorrect Records and Conversion Mistakes
    6. Interoperability and Data Exchange Problems
    7. Voice Recognition Problems
    8. Inadequate Training and Deficient Use of EMRs
    9. Insurance and Risk-Shifting Provisions in Contracts
    10. Strategically Presenting EMRs

Who Should Attend

This program is designed for attorneys. Insurance adjusters, medical professionals, and paralegals may also benefit.

Speakers

Mark J Favaloro
Mark J.
Favaloro
Favaloro Law
Tina M Baxter
Tina M.
Baxter
Baxter Professional Services, LLC
Alexandra G Ah Loy
Alexandra G.
Ah Loy
Hall Booth Smith, P.C.
Speaker bio
Mark J Favaloro

Mark J. Favaloro

Favaloro Law
Mark Favaloro

is the principal of Favaloro Law, originally established in Massachusetts before establishing his current Virginia Beach office. He brings 42 years of trial experience to the firm, having handled matters in the trial courts of the Commonwealths of Virginia and Massachusetts, as well as in the U.S. District courts and Courts of Appeal in the First and Fourth circuits. Mr. Favaloro is a member of the Virginia State Bar, Massachusetts Bar Association, American Judicature Society, Massachusetts Academy of Trial Attorneys, Virginia Trial Lawyers Association and American Association for Justice (AAJ). He earned his B.S. degree, cum laude, from the University of New Hampshire; his J.D. degree from the New England Law/Boston; and his LL.M. degree from the Boston University School of Law.

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Speaker bio
Tina M Baxter

Tina M. Baxter

Baxter Professional Services, LLC
Tina Baxter

is an advanced practice registered nurse and a board certified gerontological nurse practitioner through the American Nurse Credentialing Center (ANCC), who resides in Anderson, Indiana. Ms. Baxter has been a registered nurse for over 25 years and a nurse practitioner for 18 years. She is the owner of Baxter Professional Services, LLC, a consulting firm which provides legal nurse consulting and expert witness services for attorneys and insurance professionals; wellness and chronic disease management coaching; and customized educational and operational resources to healthcare organizations. She provides a weekly Facebook live program on business and health topics. Ms. Baxter teaches stress management strategies to clients of all ages and offers virtual as well as online classes. She is listed as Best Lessons for 2019 and 2020 from Lessons.com. Ms. Baxter is the founder of The Nurse Shark Academy, where she coaches nurses to launch and scale their businesses. She is the host of The Nurse Shark Academy show, which interviews and spotlights nurse business owners and leaders in healthcare. Ms. Baxter is a mentor with the Pass the Torch Foundation, and completed the inaugural class of Advancing Indy Women with IUPUI and the Kelley School of Business in conjunction with Linking Indy Women. She is an evangelist and pastor at Church Upon the Rock Missionary Baptist Church in Anderson, Indiana where she serves as director of outreach, church nurse, choir member, and is on the pastoral staff. Ms. Baxter has a Master of Nursing in Nursing Education and a post-master's as a gerontological nurse practitioner from the University of Indianapolis, Indianapolis, Indiana.

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Speaker bio
Alexandra G Ah Loy

Alexandra G. Ah Loy

Hall Booth Smith, P.C.
Alexandra Ah Loy

is a partner at Hall Booth Smith, P.C., where she focuses her practice in health care, professional liability, civil rights, construction, and general liability defense. Her passion lies in the intersection of health care and AI. She is also co-founder, vice president, and chief compliance officer of Lono Collective, an AI safety company. She earned her bachelor's degree in psychology, with minors in French and public administration, from the University of Central Oklahoma, and graduated cum laude with her J.D. degree from Oklahoma City University School of Law. Ms. Ah Loy is the president of the Board of Directors for Legal Aid Services of Oklahoma, Inc. She is admitted to practice in Oklahoma, Kansas and Arkansas; U.S. Supreme Court; Eighth and Tenth Circuit Courts of Appeals; and federal district courts across the South, Midwest, and Plains regions.

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