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The Ethical Dilemma Created by EHRs

By Daniel Essin, MA, MD | June 18, 2012

Repeated exposure to any noxious stimulus eventually results in desensitization. The American Academy of Pediatrics states that "extensive viewing of television violence by children causes greater aggressiveness." Exposure to TV violence causes the viewers to: become "immune" or numb to the horror of violence; gradually accept violence as a way to solve problems; imitate the violence they observe on television; and identify with certain characters, victims and/or victimizers.

Physicians often find themselves in challenging situations that place extreme demands on their time and attention creating both subtle and overt incentives to act dishonestly. Conflicts arise between their ethical inclinations and reality because there are never enough hours in the day, running a business is fraught with complications, and financial expectations run high. Compromises are inevitable. Some save time by writing illegibly. Some abbreviate liberally. Some use forms that have check-off items that are easy to use — so easy that the physician may check the box even if they only did part of what is implied by the presence of the check mark.

(MORE: With EHR Use, Computer Literacy Misses the Point)

EHRs have not automated healthcare but many have "automated" charting in ways that make it easy to incorporate material in a progress note that is fictitious. Check-boxes have proliferated. Some EHRs will, with a single click, generate a complete and detailed note. Were all those things examined? Was every finding exactly as described? Most physicians would never intentionally lie about things like this, but the EHR can make it so easy. It can be such a time saver. One can understand how a physician might conclude that checking the "normal" box was a reasonable compromise. After all — they did most of it and "believed" that the areas that they skipped were also normal.

Like most computer systems, many EHRs have mandatory fields that must have an entry before the record can be saved. What if the correct answer is in doubt? In order to get the work done, everyone is forced to make a little compromise — enter the most plausible thing that the computer will accept even if it is not strictly true or correct. Eventually the senses get dulled to the point that these compromises no longer evoke an emotional response.

One day the physician is in a hurry and the patient's condition has not changed much (it wasn't expected to have changed) but the insurance company requires a daily progress note. The EHR has a copy/paste function so the physician makes a little compromise and clones yesterday's note, hopefully taking the time to make the appropriate edits but again, the cloned note seems like a pretty good approximation so no edits are made. It's just a little thing — nothing to get upset about.

And so it goes. A compromise here, a compromise there and then calamity strikes. A woman is admitted to the general medicine service and "placed on vancomycin(Drug information on vancomycin) and piperacillin(Drug information on piperacillin)-tazobactam sodium. MRI of the brain was read as suspicious for hemorrhagic metastases, and despite a note from the neurology attending expressing concern about a loud murmur and possible endocarditis." Three weeks later the patient dies, as much from intellectual dishonesty as from the complications of endocarditis.

This is not a new problem. Years ago, I overheard a senior resident instructing a ward team over breakfast: "We can do whatever we want when we're on call as long as we tell the attending what he wants to hear on rounds."

A system that offers incentives to compromise the truth encourages dishonest behavior. A vicious cycle results as people become progressively desensitized to the value of the truth. Today's EHRs do just this by demanding more of the physician's time while simultaneously creating situations that force ethical compromise and by appearing to sanction the compromises by providing features such as copy/paste and one-click normal exams.

Every compromise that one makes has an effect similar to being exposed to violence on television. It dulls the ethical senses a bit. As the discomfort diminishes, the compromises can easily progress from "white lies" to outright lies. The problem is not limited to medicine. It pervades society and the media. Politicians, Wall Street types, political action committees — all are bending the truth or failing to fully disclose it. Sometimes the lying is the cynical and calculated action of sociopaths but more often, lies are told by people that have been forced into compromising situations so frequently that their ethical compasses have been broken or demagnetized; they have simply lost the ability to appreciate the difference between right and wrong.

Find out more about Daniel Essin and our other Practice Notes bloggers.
 

 

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by Keith Martin | July 10, 2012 7:39 AM EDT

On behalf of Dan Essin:

To Steven White, Lilia Coppa and especially Lois Freisleben-Cook:
It's great to hear that people take this seriously and exert the effort to do a good job. It's a shame when the design of a "certified"EHR increases the amount of time and effort required.

To Rick Rutherford :
As you have probably guessed, coding is a sore point for me, for theoretical as well as practical reasons. I believe that the expectations of administrators, payors and government officials are inadequately informed about neither what the practice of medicine really is about nor the inherent limitations of coding and are instead suduced into believing that coded values are precise and meaningful.
As you know, there is no universal, abstract propery of a code that makes it the "correct" code under all circumstances. Before a code can be assigned, the pertinent information must be gathered, documented. Without that there is no way to retrospectively judge the appropriateness of the assignment. Second, the choice of code is specific to the objective - billing, stastical categorization, performance improvement, etc. A code that is "right" for one purpose is not necessarily right for all because -- third, and perhaps most important, any procedure that derives "data" by coding inexorably reduces the information content of the code relative to the original. Information, thus lost, can never be recovered; coded "data" is guaranteed to be less accurate and less meaningful and the degree of inaccuracy will be indeterminate. It takes a lot of effort to end up with who knows what?
An encounter record that is incorrect or incomplete merely complicates an already inscrutable situation. Regardless of whether the charting was done on paper or with a computer, any attempt to audit the coded data retrospectively will be confounded by poor records. There is simply no substitute for a good note. EHR is not inherently a problem, but it can and has automated and smoothed the road to hell.
Thank you all
DE

by Lois Freisleben-Cook | July 05, 2012 9:40 PM EDT

I agree and have found what I feel is a good solution. I employ a scribe who types into the EHR everything that happens during the visit. Although we have some templates, she is careful to eliminate from the template anything that is not done. If in doubt, she asks.

by Rick Rutherford | June 21, 2012 2:58 PM EDT

I agree there is a temptation for shortcuts, but I am not so sure we should draw conclusions without solid evidence. Having worked with physicians and taught E&M coding, I might contend that there was just as much inaccurate coding of E&M services prior to adoption of EHR. The difference in those cases is that the doctor would generally undercode even though he/she did the work simply because it takes too long to dictate or hand write the necessary comments to get from Level 3 to Level 4.
The evidence we are seeing from CMS is that the coding levels have gone up over the past several years. It is likely that some of these increases are the result of EHR documentation. However, some honest internal auditing may reveal that some of these providers have been doing Level 4 and Level 5 work all along and simply not doing as effective a job at documenting because there was not an "electronic coach". That being said, I couldn't agree more that the physician bears responsibility for everything that appears at the click of a mouse. Thanks for a thought provoking commentary.

by LILIA COPPA | June 20, 2012 9:55 AM EDT

I am glad this fact is being discussed. I predict that soon, electronic charts will be audited for accuracy, as it is so easy to overdocument, and, moreover, provide documentation elements that qualify for higher level of service without having performed the work documented. How "exactly"does one examine endocrine and exocrine glands in a pediatric patient and is able to say they are normal on the skin exam? I have received copies of electronic records with a whole paragraph on normal findings on exam that I am pretty sure was not performed by the physician. We as physicians have to be careful that the programmers do not get carried away with bells and whistles for these EHR programs that make liers out of us. It is important for physicians to be very sure about what is actually reported when the "normal" box is clicked, and what your final progress note looks like. During peer review, we had a case of an infant with complex cardiac and intestinal problems that presented to the ER with evidence of small bowel obstruction and the history and physical from the admitting physician from an EHR said "abdomen soft, nontender, nondistended, no hepatosplenomegaly, no masses". Had another from a family physician examining a 2 week old baby that had a neurologic exam "alert and oriented x 3"....Be careful with your documentation on the EHR, just document what you do and take the time to type in the abnormals, don't just be click happy for the sake of efficiency. It may catch up with you.

by Steven White | June 19, 2012 10:41 PM EDT

EHR's are being required by Medicare to be "certified." No EHR should be certified if whole parts of the physical exam documentation can just be entered with just a click of the mouse. The EHR I'm currently working with has each part of the PE separate but complete. You don't do a whole neuro exam each time you see a patient.

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