The Importance of the Medical Record
November, 1997The medical record is the
most important document in defending physicians accused of professional liability. An
unexpected poor outcome combined with a poor medical record can create a malpractice claim
that is difficult to defend. On the other hand, a record that is complete, accurate,
timely, and objective (CATO) can be extremely helpful in defending a physician. A properly
documented record may even discourage a plaintiff attorney from pursuing a case.
The medical record is thought to be the third witness of a
trial. When debate occurs between the defendant and the plaintiff, research has revealed
the medical record becomes the witness the jury will believe. For this reason it is sound
risk management to have systems in place that support good record keeping.
Over the years, medical records have served a number of
purposes. Keeping notes to support patient care has always been a role. About thirty years
ago, record keeping to reveal your rationale for treatment became necessary as
professional liability became more frequent. More recently, a third reason for medical
records has developed. This reason is to justify charges to third party payers.
A problem that can compromise the defensibility of the
medical record is when an entry is made late or after an unexpected complication. However,
business offices may return a dictation for more complete dictation in order to base
appropriate charges. This policy needs to be reviewed carefully. If the additional
dictation appears to be a late entry after a complication has occurred, it could be very
damaging to your defense. In summary, late entries should be made only when the
information involved is important for patient care by yourself or another physician.
The ideal goal is to have all entries in the record timely, which ordinarily would mean
the day of the encounter.
Reviewing your process of maintaining your records is a
good investment. Improving patient care, assisting in risk management and satisfying the
needs of your billing office are all sound reasons to treat the medical record process
with high priority.
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