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How to Keep the Chart From Becoming the Plaintiff’s Best Witness

JOHN DAVENPORT, MD, JD

FPM. 2026;33(3):28-31.

Author disclosure: no relevant financial relationships.

This content conforms to AAFP criteria for CME.

Routine EHR practices can undermine your malpractice defense. Implementing these best practices reduces the risks.

Dr. Davenport is a retired family physician and trial lawyer who is now a risk consultant for a large HMO.

Send comments to fpmedit@aafp.org, or add your comments to the article online.

Author disclosure: no relevant financial relationships.

  1. 1.Krebs M. Four ways to prevent malpractice lawsuits. Fam Pract Manag. 2025;32(5):7-11.
  2. 2.Rule 404. Character evidence; other crimes, wrongs, or acts. Cornell Law School Legal Information Institute. Accessed April 17, 2026. https://www.law.cornell.edu/rules/fre/rule_404

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