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 has defended health care providers, businesses and device manufacturers in civil litigation for more than two decades. He is a shareholder in the firm's Health Care Department and Chair of the EMR and Audit Trail Practice Group. Mr. Keris is also an Mcare-approved mediator. In addition to his litigation practice, Mr. Keris is a recognized thought leader whose insights have been featured by prominent outlets including NBC News, Thomson Reuters, and Law360. He is frequently invited to provide commentary for leading industry publications such as The Legal Intelligencer, Becker’s Hospital Review, ED Legal Letter, Risk Review, Litigation Management, and Counterpoint. Mr. Keris also serves as an editor of the health risk management journal, Patient Safety. He currently serves on the advisory committee of American Legal Connections (ALC) and serves as a co-editor of its’ newsletter.
A former defense lawyer who clerked for an appellate judge after law school, Mr. Morris limits his practice at this time to the representation of families and individuals who have suffered catastrophic injuries. His legal practice spans the entire state of Tennessee, and he is one of the few attorneys in Tennessee to obtain seven-figure verdicts or settlements in each of Tennessee’s three grand divisions (Western/Middle/Eastern). Since 2003, Mr. Morris, serving primarily as lead counsel, has collected more than $90 million for his clients. He has handled cases involving nursing home facility fires, medication errors, bed sores, severe dehydration, facility elopement and sexual assault in the health care setting as well as catastrophic personal injury matters involving premises liability, negligent tractor trailer operators, drivers who have fled the scene, and insurance companies refusing to pay submitted claims. Mr. Morris is a frequent state-wide lecturer for the Tennessee Bar Association on matters pertaining to medical/facility negligence, is past President of the TBA Tort & Insurance Section, and also maintains an active pro bono practice involving wrongful eviction/consumer protection. He is currently serving as a Trustee of The McCallie School in Chattanooga, Tennessee and is a past Board member for Tennis Memphis and an adoption agency in Memphis.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
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?
Related Courses
Strategies in Jury Trials: Staving Off Potential Holdouts and Avoiding Mistrials
Available On-Demand
Electronic Medical Records in Medical Malpractice Cases: Emerging Issues; Signs of Alternation; Use at Trial
Tuesday, September 29, 2026
1:00 PM ET/10:00 AM PT
