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Can electronic health record errors affect a malpractice claim?

On Behalf of | Jan 30, 2026 | Medical Malpractice

Electronic health records shape how doctors, nurses, and hospitals document your care. When those records contain mistakes, they can affect the outcome of a medical malpractice claim.

What electronic health record errors look like

Electronic health record errors often involve copy-and-paste mistakes, missing information, or incorrect patient data. A provider may select the wrong medication from a dropdown menu or fail to update a diagnosis, which can affect later treatment decisions.

How record errors can contribute to patient harm

When providers rely on inaccurate records, they may order the wrong tests or give improper treatment. A missed allergy, dosage error, or incorrect history can lead to serious harm and support a malpractice claim.

Proving fault when records are inaccurate

Electronic records create a timeline of care that courts rely on heavily. Gaps, contradictions, or unexplained changes can raise questions about how care occurred and whether it met accepted standards.

How state law views electronic documentation

Maryland requires health care providers to keep medical records for set time periods, and it sets rules for when they may destroy records. Those rules matter in malpractice disputes because missing records can raise questions about what happened during your care. 

Federal HIPAA security rules also require covered entities to use safeguards such as audit controls for electronic systems, which can help show when someone accessed or changed an entry.

Why electronic record issues matter in case value

Electronic health record errors can affect how insurers and courts view liability and damages. When records conflict with provider testimony, they can strengthen a medical malpractice claim.