In the last few years there has been a tremendous push by the U.S. government to encourage healthcare providers to transition to electronic medical records (EMR). The 2009 HITECH Act offers incentives of roughly $44,000 per physician to promote EMR adoption. While that has enticed many providers, we are still nowhere near the government’s goal of eradicating paper records in the process of patient care.
In research I conducted with Prof. Amalia Miller of the University of Virginia, we studied EMR adoption by hospitals from 1994-2007 and found that a significant deterrent to EMR adoption is malpractice litigation. Our evidence showed that hospitals located in jurisdictions that facilitate the use of electronic records in malpractice litigation were one-third less likely to adopt EMR.




