Electronic Trace Data and Legal Outcomes: The Effect of Electronic Medical Records on Malpractice Claim Resolution Time

Information systems generate copious trace data about what individuals do and when they do it. Trace data may affect the resolution of lawsuits by, for example, changing the time needed for legal discovery. Trace data might speed resolution by clarifying what events happened when, or they might slow resolution by generating volumes of new and potentially irrelevant data that must be analyzed. To investigate this, we analyze the effect of electronic medical records (EMRs) on malpractice claim resolution time. Use of EMRs within hospitals at the time of the alleged malpractice is associated with a four-month (12%) reduction in resolution time. Because unresolved malpractice claims impose substantial costs on the entire healthcare system, our finding that EMRs are associated with faster resolution has broad welfare implications. Furthermore, as we increasingly digitize society, the ramifications of trace data on legal outcomes matter beyond the medical context. This paper was accepted by Teck Ho, information systems.