The Role of Electronic Health Records (EHRs) in Medical Data Breaches

Electronic health records (EHRs) have become the standard for documenting and sharing patient information in the healthcare industry. While EHRs offer many benefits, including improved efficiency and care coordination, they also introduce significant data security risks that can lead to devastating medical data breaches.

The Prevalence of EHR-related Data Breaches

Data breaches involving electronic health records have become increasingly common in recent years. According to the HIPAA Journal, healthcare data breaches involving 500 or more records increased by 84% from 2018 to 2021, with EHR breaches accounting for a significant portion of these incidents.

Once again, data breaches surged in 2022, with the OCR documenting 720 breaches involving 500 or more records. This continued in 2023, which set new records for the most reported breaches and the highest number of compromised records. Throughout the year, a staggering 725 breaches were reported to the Office for Civil Rights  (OCR), resulting in over 133 patient million records being exposed or improperly disclosed. These breaches can occur due to hacking, malware, unauthorized access, or improper disposal of EHR data. Regardless of the cause, the sensitive nature of the information contained in EHRs makes them a prime target for cybercriminals.

Vulnerabilities in EHR Systems

Several common security weaknesses can make EHR systems vulnerable to breaches:

- Lack of encryption for data at rest and in transit

- Insecure user authentication and access controls

- Outdated or unpatched software and operating systems

- Inadequate network segmentation and firewalls

- Inconsistent security policies and employee training

Compounding these technical vulnerabilities are the challenges of balancing data security with accessibility for authorized healthcare providers. Insider threats posed by negligent or malicious employees with access to EHR systems also contribute to the risk of breaches.

Consequences of EHR Data Breaches for Patients

When an EHR breach occurs, highly sensitive patient information may be exposed or stolen, including:

- Names, addresses, and dates of birth

- Social Security numbers and financial information

- Medical histories, diagnoses, and treatment details

- Prescription and medication information

- Health insurance policy numbers

Criminals can use this data to commit medical identity theft, submitting fraudulent insurance claims or obtaining medical services under the victim's name. EHR breaches can also lead to HIPAA violations for the healthcare provider and erode patient trust.

Healthcare Provider Liability for EHR Breaches

Under HIPAA regulations, healthcare providers have a legal obligation to implement appropriate protocols to protect patient EHR data. This includes conducting risk assessments, implementing security policies and controls, and providing employee training.

Failure to comply with HIPAA requirements can result in significant financial penalties. Healthcare providers may also face civil lawsuits from patients harmed by preventable EHR breaches. In some cases, patients may band together in class action lawsuits to hold negligent providers accountable.

What to Do If Your EHR Data is Breached 

If you receive notice that your electronic health records were exposed in a data breach, take these important steps to protect yourself:

1. Carefully review the breach notification to understand what information was exposed and how the breach occurred.
2. Contact the healthcare provider to get more details and express your concerns.
3. Monitor your healthcare bills, insurance statements, and credit reports for signs of fraudulent activity.
4. Consider placing a fraud alert or security freeze on your credit report.
5. Speak with a knowledgeable data breach attorney about your legal rights and options. 

If you've been impacted by an EHR-related data breach, contact the data breach lawyers at Console & Associates, P.C. We offer free case evaluations to help you understand your rights and determine if you may be entitled to compensation through a class action lawsuit.