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A recent study by the Massachusetts Medical Society found that about 83 percent of doctors surveyed reported practicing defensive medicine as a way to avoid lawsuits, and cited other research suggesting the current tort system has a $124 billion annual impact on medical expenditures. In his recent address to Congress about health care reform, President Obama proposed authorizing demonstration projects in individual states to test out various solutions for malpractice reform. Details have yet to be announced, but another initiative of the administration that may impact malpractice claims is part of the American Recovery and Reinvestment Act:  that of EHR adoption.

Another Massachusetts study, this time published in the November issue of “Archives of Internal Medicine”, found that only 6.1 percent of physicians who were EHR users paid liability claims, compared to 10.8 percent of physicians who did not use an EHR.  Additionally, some insurance carriers offer a decrease in liability insurance premiums for EHR users. Considering that opponents of EHR adoption have argued that electronic health records could increase liability, the findings that in fact they may lead to fewer diagnostic errors, better adherence to guidelines and improved follow-up is encouraging. What’s more, this study suggests that electronic health records may also help provide a better defense to any claims that do occur, due to their clearer documentation of medical history, and built-in audit controls.

EHRs may not be a single solution for eliminating defensive medicine; but combined with anticipated tort reform efforts, they offer another step down the path toward a more efficient – and less expensive – health care system.