Electronic health records are now the standard in nearly every clinical setting across the United States. Physicians, hospitals, and specialty practices rely on EHR systems to document diagnoses, prescriptions, allergies, surgical histories, and test results. When those records contain errors, the consequences for patients can range from a delayed treatment to a serious adverse event. The failure to follow acceptable standards in recording and maintaining electronic health records has contributed to a growing category of medical malpractice claims in Texas and nationwide.
At Davis & Davis, John A. Davis, Jr., Esq. and Steven R. Davis, Esq. represent Houston patients harmed by medical errors involving EHR systems. This page covers the categories of patient harm most associated with EHR errors, how those errors can rise to the level of malpractice under Texas law, and what options patients have when a recording mistake contributed to their injury.
How Widespread Are EHR Systems Today?
According to the Office of the National Coordinator for Health Information Technology, the vast majority of hospitals and office-based physicians in the United States have adopted certified EHR technology. This widespread adoption means that most patients interacting with any part of the healthcare system will have a portion of their medical information stored electronically. While EHR systems offer real advantages in record accessibility and care coordination, their near-universal use also means that a single data entry error can propagate quickly across multiple providers, departments, and institutions before it is caught.
Categories of EHR Errors That Harm Patients
EHR errors do not fall into a single category. Different types of errors tend to produce different types of patient harm, and identifying the category of error is often the first step in evaluating a potential legal claim.
Medication and dosing errors arise when the wrong drug name, wrong dose, wrong route, or wrong frequency is entered into a patient’s record. These errors can be compounded when a prescribing physician relies on an auto-populated field without verifying its accuracy against the patient’s current condition. Allergy and drug interaction errors occur when a patient’s allergy history is recorded incorrectly or omitted entirely, allowing a provider to prescribe a medication the patient cannot safely receive. Wrong-patient data entry errors happen when information intended for one patient is recorded in another’s chart, which can lead to incorrect treatments being administered to the wrong person. Copy-paste errors are common in EHR systems that allow providers to duplicate prior notes. When outdated or inaccurate information is carried forward into a current visit, the treating provider may make decisions based on data that no longer reflects the patient’s actual condition.
When Does an EHR Error Rise to the Level of Malpractice?
Not every EHR error gives rise to a malpractice claim. A recording mistake becomes legally actionable when a healthcare provider’s failure to meet the accepted standard of care in maintaining or acting on the electronic record directly caused harm to the patient. This may include a prescribing physician who fails to verify a critical allergy field before ordering a medication, a specialist who relies entirely on an auto-populated template without reviewing whether it reflects the patient’s current history, or a hospital that does not have appropriate safeguards to prevent cross-patient data entry.
The hospital or health system itself may bear independent responsibility when EHR-related errors result from inadequate staff training, poorly configured system settings, or a failure to implement available safety tools. In Texas, both the individual provider and the institution can be named in a malpractice claim when their separate conduct contributed to the same injury.
Liability for EHR Software Vendors
In some cases, the EHR system itself may be defective in ways that create foreseeable opportunities for error, such as a user interface that makes it easy to select the wrong patient from a dropdown menu or a field that does not alert a provider when a known drug allergy is present in the record. When a design defect in the EHR software contributed to a patient’s harm, the software vendor may bear product liability responsibility independent of the treating provider’s conduct. These cases involve both medical malpractice and product liability analysis, which is why experienced legal counsel matters particularly in these situations.
EHR Errors and Medication Mistakes
EHR-related errors frequently manifest as medication errors, which are among the most serious and preventable categories of patient harm. A patient who receives the wrong drug because of an inaccurate record entry, or who receives the correct drug at a dangerous dose because a field was entered incorrectly, may suffer adverse reactions ranging from a temporary setback to permanent organ damage. Texas malpractice law covers these harms when the provider’s failure to maintain or verify accurate records fell below the standard of care.
What Patients Can Do If an EHR Error May Have Caused Harm
If you believe that an error in your medical records contributed to a misdiagnosis, an incorrect medication, or another adverse medical event, the first step is to request a complete copy of your medical records, including any available audit trail showing when entries were made or modified. Texas law gives patients the right to access their own records, and preserving this documentation early is essential to any potential legal proceeding.
John A. Davis, Jr., Esq. and Steven R. Davis, Esq. can review your records with the assistance of qualified medical professionals and advise you on whether the care you received met Texas’s legal standard. Compensation in EHR-related malpractice cases may be available for additional medical expenses, lost wages, and the physical and emotional consequences of an error that should have been prevented.
Contact Davis & Davis today to schedule a free consultation. You can reach us through our online contact form.
Frequently Asked Questions About Electronic Health Record Errors
What types of EHR errors most commonly lead to patient harm?
Medication and dosing errors, inaccurate allergy histories, wrong-patient data entries, and copy-paste errors that carry outdated information forward into a current visit are among the most common categories. Errors involving drug dosing or allergy information tend to carry the highest risk of serious harm because they directly affect treatment decisions at the point of care.
Can an EHR software vendor be held responsible for a patient’s injury?
In some cases, yes. When a defect in the EHR system’s design or functionality created a foreseeable risk of error that the vendor failed to correct, the vendor may bear product liability responsibility. These cases typically require analysis of both the software’s design and the healthcare provider’s conduct in using the system.
How do I know if an EHR error contributed to my injury?
Request your complete medical records, including any available audit trail documenting when entries were created or modified. If you received a medication you have a documented allergy to, were given a dosage inconsistent with your condition, or received treatment based on outdated information, those may indicate an EHR error played a role. An attorney and independent medical professional can evaluate the records and advise you on next steps.
How long do I have to pursue a malpractice claim related to an EHR error in Texas?
The general statute of limitations for medical malpractice in Texas is two years from the date of the negligent act. Because EHR-related errors can sometimes go undetected for a period after the injury, consulting an attorney as soon as you suspect an error is advisable to avoid losing your right to file a claim.
Can both the treating physician and the hospital be held responsible for an EHR error?
Yes. A physician may bear responsibility for failing to verify a critical data point before prescribing or treating. The hospital may bear independent responsibility if inadequate training, poorly configured system settings, or a failure to implement safety tools contributed to the error. Texas law allows claims against multiple parties when each contributed separately to the patient’s harm.
