The terms of the contract before installing the electronic medical record

Possibly, due to lack of knowledge and experience, the contract is realized when a delegate from a company comes to commercialize an electronic medical system, and is limited to a visual display of the system that explains its features and benefits and has its previous experiences, at first sight, it seems logical and well, but this procedure confronted several technical constraints in the long term if the company did not explore the gap and contractual issues that can arise because of several developments which leave the medical facility and the electronic medical record producer in multiple problems. We believe from our experience that put into consideration the following can reduce a lot of effort.

General part:

  1. The contract should include the method of terminating the contract and the consequences for both parties given in the early stages and in advanced stages, in order to avoid the complications of legal interpretations.
  2. It is clear that the contract should include that it is not permissibleto transfer any information obtained as a result of signing the contract with the other party without written consent of the other party.
  3. The contract must contain all the definitions and topics related to the contract.
  4. The contract must clarify the penal or legal or financial penalties because of default and ways to resolve the discord.

Regarding the party system (electronic medical system or electronic medical record) or "software":

  1. The contract should include property rights and those who are back, and content or some references to the current version because it presents the object of the contract
  2. In the event of termination of the contract must clarify the difference between the content rights and the rights of the data in the system software as a medical information database.
  3. The company must comply to deliver the various documents relating with the work procedure, planner of the flow, system explanatory guide, and the various documents which benefit the establishment later.
  4. It is necessary to clarify whether costs include costs of future updates and monitoring operations and maintenance or only include the current version.
  5. We must separate between the components of software and its parts and between the components of hardware and its parts to implement the electronic health record.
  6. If the contract is with a third party, it must specify the nature of its tasks and financial rights.
  7. It is important that the contract guarantee the confidentiality of all patient data and the ways to preserve itand various personal and general statements of the Foundation.
  8. The system must contain the system linking procedure with other systems at the facility level and at national level without adding additional costs of any type.
  9. The contract must include the trial period and the content of training and duration, the more it should be noted the actual phase and its necessary duration and here
  10. we must clearly differentiate between the installation and operation.The contract must reflect the local or individual privacy setting and illustrate a detail to avoid confusion and designate if there is the financial cost or not.

Regarding technical support in the contract:

  1. The contract must separate between technical support in the trial period and installation and technical support in the actual phase, and eventually, it is separately as a contract specifying the financial obligations independently.
  2. It is important to determine the nature of technical support, and the number of hours of presence, and to differentiate between technical support and development of the compiler.

Regarding the user interface:

  1. Sometimes the beneficiary wishes to establish some changes in the electronic medical record user interface to make it more suited to their needs, if the changes are made in user interfaces therefore additional cost must be taken into account the financial terms.
  2. It is important that the contract includes user interface components, and the nature of its components, to resolve any problem may arise from new orders.
  3. The contract must contain if the electronic medical record needs a change, and what are these components and implementation time. In the case of the existence of errors in the software, you must specify the time to correct them.


  1. The contract must contain details of the training, the subjects concerned and associated durations.
  2. The contract should clarify the nature of the deal whether there is a need for additional training, and how to deal with it, including training resulting from updating the current version.


  1. It is important to differentiate between the installation and application, it is necessary that the contract refers to the application part and the real activation of medical electronic record, and the manner in which it will come true and the approximate period.
  2. The contract should clearly indicate the requirements that must be adhered to by the recipient of the electronic medical record, for application in a practical will be finish.

General warnings (guarantees to be submitted):

  1. The company implemented the system must provide basic guarantees that provide good service to the beneficiary, and to explain these guarantees clearly.
  2. The benefits should include the intellectual property rights, content rights, responsibility of the producing executingin terms of training and technical support.
  3. A contract is considered the most important element on which is based the compromise between the company and the beneficiary, for this reason, we must read it carefully, and examine its various components.
  4. The contract shall specify damages resulting agreement and ways of solving these problems and the phases in which the termination can be done.

Very important point that must be available in the electronic medical records a clear illustration of technical details.
And here are advised to send us an email and a draft list of basic choices to evaluate the product technically.There are pre-prepared list can benefit you, just contact us.

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