Establishes a penalty of not less than $1,000 for each intentional destruction, mutilation or significant alteration of a medical record by a party to a medical malpractice action, or by any officer, director, member, employee or agent of such party; establishes a cause of action on behalf of any person injured as the result of such destruction, mutilation or significant alteration; requires disclosure of metadata, audit trail, and log-in information associated with electronic medical records in certain actions.
If passed, A07976 will create heightened accountability for parties involved in medical malpractice cases by imposing strict penalties for tampering with medical records. This amendment seeks to safeguard the evidence that the courts rely on, thereby reinforcing the legal framework surrounding malpractice. Additionally, the bill mandates that healthcare providers produce associated metadata, audit trails, and log-in information related to electronic medical records during legal actions, enhancing transparency and thoroughness in legal proceedings. The proposed changes promise to improve the overall integrity of the legal processes involving healthcare and malpractice insurance.
Bill A07976 introduces significant amendments to the civil practice law and rules concerning the management of medical records in New York State. The bill establishes a civil penalty of no less than $1,000 for any individual or party involved in a medical malpractice action that intentionally destroys, mutilates, or significantly alters a medical record. This severe penalty aims to ensure the integrity of medical records, which are essential in legal proceedings regarding malpractice claims. Beyond the penalties, the bill also offers a cause of action for individuals injured due to such actions, allowing them to seek recovery for any damages incurred as a result of destroyed or altered records.
However, there are notable concerns surrounding the implementation of A07976. Opponents may argue that strict penalties could create an atmosphere of fear within healthcare providers, potentially impacting patient care and record management. There are worries that this may inadvertently lead to nuances in how records are maintained and could complicate legitimate practices if the fear of penalties overshadows the need for comprehensive patient care. Furthermore, the requirement for technological accountability could impose additional burdens on healthcare facilities, especially smaller ones that may struggle with the costs associated with ensuring compliance with such rigorous data management standards.