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Electronic Discovery and Electronic Medical Records: Does the Threat of Litigation Affect Firm Decisions to Adopt Technology?

Amalia R. Miller
University of Virginia - Department of Economics

Catherine Tucker
Massachusetts Institute of Technology (MIT) - Management Science (MS)

June 17, 2009

Abstract:
After firms adopt electronic information and communication technologies, their decision-making leaves a trail of electronic information. We ask how the threat of litigation affects decisions to adopt technologies that leave more of an electronic trail, such as electronic medical records (EMRs). EMRs allow hospitals to document electronically both patient symptoms and health providers' reactions to those symptoms. We find evidence that hospitals are a third less likely to adopt electronic medical records if there are state laws that facilitate the use of electronic records in court.

Keywords: healthcare IT, electronic discovery, technology adoption, medical malpractice

JEL Classifications: I12, I18, K13, O33

Working Paper Series

Date posted: June 18, 2009 ; Last revised: July 06, 2009

Suggested Citation

Miller, Amalia R. and Tucker, Catherine, Electronic Discovery and Electronic Medical Records: Does the Threat of Litigation Affect Firm Decisions to Adopt Technology? (June 17, 2009). Available at SSRN: http://ssrn.com/abstract=1421244

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Contact Information

Catherine Tucker (Contact Author) Massachusetts Institute of Technology (MIT) - Management Science (MS) ( email ) Cambridge, MA 02142 United States HOME PAGE: http://cetucker.scripts.mit.edu
Amalia R. Miller University of Virginia - Department of Economics ( email ) P.O. Box 400182 Charlottesville, VA 22904-4182 United States HOME PAGE: http://people.virginia.edu/~am5by/