Health care in the United States is rapidly evolving. Changes and new challenges are altering the way health care is perceived, organized and delivered. These changes affect health care providers, organizations and patients presenting new issues that impact medical malpractice litigation.

One of the most significant current developments is the transition from the paper chart system to electronic medical records (EMRs). The Patient Protection and Affordable Care Act and the Health Information Technology for Economic and Clinical Health Act have spurred the change to EMRs to occur rapidly in the coming years. Additionally, the Centers for Medicare and Medicaid Services have put in place incentives and compliance deadlines (otherwise known as meaningful use requirements) to further ensure that the vast majority of providers are moving in the direction of electronic health records. For many providers, the change from paper to electronic health records will occur quickly in order to meet required deadlines and thereby reap the benefits of the monetary incentives.