Trial Advocacy: Attacking the Electronic Medical Record

In their Trial Advocacy column in the New York Law Journal, New York Personal Injury Attorneys Ben Rubinowitz and Evan Torgan write Today that a careful look at electronic medical records often reveals inaccuracies that not only adversely affect patient care, but also serves to undermine the integrity of the entire record. To the extent that the medical record contains false or inaccurate information, it is not enough for the trial lawyer prosecuting a medical malpractice case to expose a limited error. The goal should be to attack in such a way as to show that the entire record is untrustworthy.