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When a malpractice lawsuit is filed, lack of documentation can significantly complicate the process of proving the patient’s treatment met the standard of care and did not cause the patient’s injury. In the following case, the emergency department (ED) physician failed to adequately document three different aspects of the patient’s care: her disruptive behavior, her departure from the ED against medical advice (AMA), and her follow-up telephone conversation. Each failure complicated the defense of the ED physician’s case.

Text messaging has changed the way we communicate with each other. Like most people, healthcare team members use their mobile devices at work,^1,2,3 and texting about patients is common.⁴ Texting with patients and other members of the healthcare team has risks and benefits.

Texting protected health information (PHI) without proper safety and encryption processes in place could result in HIPAA/HITECH violations, and noncompliance with CMS and accreditation requirements for secure text messaging, and violation of state medical information confidentiality laws. Because PHI goes where the phone goes, ensuring the privacy and security of PHI sent by text messaging can be challenging.

The medical record is not the forum for blame, personal attacks, or finger pointing.¹ Text messages relating to patient care should be considered part of the medical record (whether they are transferred to it or not), and the same rule about appropriateness of forum should apply. If something about patient care is important enough to be texted, it should be included in the medical record. If it is something that does not belong in the medical record, then it should not be texted. It seems clear that the members of the healthcare team texting each other in the following case study did not expect their text messages to be used against them in the malpractice lawsuit.

Texting presents unique communication challenges. The brevity and casual nature of text communication that makes it convenient can also make it inappropriate in a healthcare setting. One key to using text messaging in healthcare is to know when an in-person or telephone conversation is necessary. Telephone conversations allow for important information to be exchanged with greater ease, and a more natural opportunity for questions and responses.