Class-Action Lawsuit Filed Against eClinicalWorks

Background of the Lawsuit

The estate of cancer patient Stjepan Tot has initiated a class-action lawsuit against eClinicalWorks, alleging that the software’s defects hindered the patient’s ability to reference prior cancer symptoms. The estate argues that the faulty meaningful use software has eroded trust in the accuracy of medical records.

Financial Struggles for eClinicalWorks

This lawsuit adds to the financial challenges faced by eClinicalWorks, which recently settled a claim for $155 million. The settlement was related to allegations under the False Claims Act, claiming that eClinicalWorks incentivized its customers to promote its products improperly.

Details of the Lawsuit

Kristina Tot, representing the estate of Stjepan Tot, filed the lawsuit in the Southern District of New York, seeking $999 million in damages for gross negligence. The lawsuit contends that Stjepan Tot’s inability to access accurate electronic medical records contributed to his cancer diagnosis and subsequent death. The lack of reliable medical record displays prevented him from confirming the timeline of his diagnosis.

Impact on Patients

The lawsuit further asserts that millions of patients who depend on eClinicalWorks are unable to effectively track their medical histories. This failure indicates that the software does not align with meaningful use core objectives, raising concerns about its compliance with necessary healthcare standards.

Related Findings from HHS-OIG

In June, the US Department of Health and Human Services Office of Inspector General (HHS-OIG) published a report examining 100 electronic health record providers that received payments from CMS for meaningful use. The report highlighted failures among many healthcare providers to meet meaningful use requirements, despite receiving incentive payments totaling $729 million.

Wider Implications for eClinicalWorks Customers

The repercussions of this lawsuit could be significant for eClinicalWorks customers, which include over 850,000 healthcare providers. These developments underscore the urgent need for enhanced oversight of software development companies that supply electronic health record systems to healthcare providers.