Commentary: Playing it safe versus being responsible

In all lawsuits, it is the medical record that essentially forms the basis for the legal decision. Because medical records are mostly in paper form and maintained manually, its quality is dependent entirely on how diligent the ophthalmologist and the rest of his or her team members are in recording the clinical details. In an EMR, it is possible to mandate the completeness of critical information and enforce a checklist-controlled patient flow to ensure patient safety and minimize errors. While the courts have a duty to uphold delivery of “responsible service,” they could be educated to moderate the penalties, especially in the context of “humanitarian” surgeries.