News 3/18/26

4 responses

  1. Brendan Keeler
    March 17, 2026

    My theory is that Gallit is using the EHR case to try and get discovery to refile the Texas Health suit.

    https://healthapiguy.substack.com/p/fischmann-v-epic-the-longshot

  2. Brian Too
    March 17, 2026

    Re: Fischman v. Epic Systems Corporation

    Seems to me there’s already a story to tell here. The case appears to determinedly avoid alleging physician misconduct. Makes even more sense when you factor in Texas being especially protective of physicians when it comes to malpractice.

    Ms. Fischman is also going to struggle unless she can establish some bona fides as BOTH an expert clinician, and an expert with respect to the Epic EMR.

    Finally, let’s examine her medical record information. Odds approach 100% that she’s not looking at the med rec in it’s original electronic form. She’s almost certainly looking at a download/extract. Perhaps a CDA or something like that. It doesn’t take much to miss or misinterpret a data element, especially if you aren’t used to reading them.

    So no, I strongly doubt this lawsuit will be successful. Nevertheless, I sympathize with a woman who has lost her father. I too lost a parent under care, and my family had questions about the care my parent received.

    The way forward for me was to accept that my parent was elderly, fragile, and more aggressive care would have (at best) delayed her death by a year or two. Ms. Fischman’s situation may be different so I don’t want to provide advice or go any farther towards comparisons. What I’m more interested in is that the energy of grief can be channeled, and some activities are more productive and positive than others.

  3. More than a lawsuit
    March 18, 2026

    I’m a little curious about the possibility of this lawsuit having larger political rammifications. Texas and its AG have used the legal system in the past for political grandstanding and Epic and Judy are well known liberal bugaboos to conservatives. Is there going to be something more here than just the fundamentals of the case? Is there an opportunity for Ken Paxton to stoop lower than he usually does (if that’s even possible)

  4. A world without regulation
    March 18, 2026

    Weird that Google can acknowledge its crowdsourced medical advice was wrong, but escape penalties for doing it wantonly at scale.

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