About the Course
Introduction
This CLE webinar will discuss emerging issues related to electronic medical records (EMRs) in medical malpractice cases, with emphasis on how to recognize possible improper alteration and practical guidance on identifying and using evidence of possible tampering at trial. The panel will address how to request and obtain EMRs, the possible role of AI in this process, who to depose concerning them, how to spot problems and gaps, and how to use this information at trial for best effect.
Description
The core of any medical malpractice case is the medical record, now primarily kept in electronic form. EMRs are not novel, but the technology is constantly changing and many cases may involve both paper and EMRs. Plaintiffs' attorneys are not the only ones taking a close look at EMRs and the underlying digital record: healthcare fraud investigations have surged.
The printed clinical notes in EMRs provide only limited—and sometimes contrary—information when compared to the digital information reflected in audit trails, metadata, and system timestamps. Although plaintiffs and defendants may be looking for and emphasize different things they find in the records, both have a vested interest in knowing all the facts, whether good or bad.
Listen as our panel of malpractice trial lawyers discusses strategies and practical recommendations for obtaining, evaluating, and leveraging the digital data in EMRs to litigate medical malpractice claims.
Presented By
Mr. Keris defends doctors, physician groups, hospitals and regional health centers in medical malpractice cases. He is a frequent lecturer on risk management and medical malpractice litigation.
With over $45 million in settlements and verdicts since 2003, Mr. Morris has handled a number of high-profile cases for clients in Tennessee and across the south involving wrongful death and catastrophic personal injury. He has obtained for clients 11 separate seven-figure settlements, 15 separate settlements over $700,000, and recently obtained a $900,000 verdict for the family of a woman neglected at a Memphis-area nursing home in December, 2009. Nursing abuse and neglect cases represented include injury, preventable falls, dehydration, food poisoning, bed sores, sexual molestation and rape, chemical restraints, and wrongful death.
Dr. Stein, MD is board certified in both Emergency Medicine and Internal Medicine and subspecialty certified in Neurocritical Care. After Medical School at Vanderbilt University, he completed Residency at the University of Kentucky Medical Center and at Washington University Jewish Hospital. Dr. Stein has practiced Emergency Medicine for 29 years and Critical Care / Intensive Care Medicine for 27 years. His professional association memberships include the American Association of Physician Specialties, the Society of Critical Care Medicine, and the American College of Chest Physicians. Dr. Stein is an expert witness for both plaintiff and defense in cases involving emergency medicine, critical care and internal medicine, including damages & causation in personal injury and wrongful death cases.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, September 29, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Overview of EMRs and how they differ from traditional records
II. Obtaining EMRs
III. Reviewing EMRs
IV. Alterations
A. Intentional vs. unintentional
B. Proper vs. improper
C. Recognizing tampering and falsification
V. Deposition strategies
VI. Responding to explanations, defenses, mitigations
VII. Effective use of EMRs to resolve cases or at trial
The panel will address these and other important issues:
- What is the complete medical record for a particular claim, and how can parties prevent both overreach and obstruction when seeking EMRs?
- Are electronic records more or less secure than paper records?
- What are red flags suggesting that EMRs may have been tampered with?
- Does AI have a role in collecting or reviewing EMRs?
- How might accusations of intentional falsification of EMRs affect insurance coverage for malpractice?
- Are physicians vicariously liable for record tampering by those under their supervision?
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