In today’s digital age, electronic health records (EHRs) are the backbone of modern medicine. They track diagnoses, prescriptions, procedures, and treatment outcomes—all vital elements in ensuring continuity of care. Within military and Veterans Affairs (VA) systems, these records are even more crucial. They follow service members from deployment to discharge, bridging care between combat zones and civilian life.

But what happens when those records are incomplete—or worse, missing altogether? These “ghost records” and data gaps aren’t just administrative errors. They can determine whether a malpractice claim succeeds or fails. In this blog, we’ll explore how missing or fragmented electronic health data impacts military malpractice cases, what causes these failures, and what steps victims can take to uncover the truth.

Understanding Electronic Health Records in the Military

The Department of Defense (DoD) and Veterans Affairs have invested billions in digital health record systems like MHS GENESIS and VistA. These systems are meant to create a seamless medical history from active duty to veteran status. Ideally, they ensure that every lab result, medication, or diagnosis follows the patient throughout their service.

However, the transition between systems—combined with frequent deployments, field clinics, and contract medical providers—creates cracks in continuity. Some data never transfers. Some disappears when units change software. And some records are manually entered or scanned, leaving room for human error.

These missing records—often referred to as “ghost records”—can make it appear as though care was never provided or that an error never occurred. In a malpractice case, that absence of evidence can be devastating.

How Data Gaps Occur in Military Healthcare

Electronic health data can vanish for many reasons, often tied to systemic flaws in the way military health systems handle patient information.

1. System Transitions and Software Incompatibility

The military has undergone major EHR transitions—from AHLTA to MHS GENESIS for active-duty care, and from legacy VistA systems to Cerner-based platforms for VA hospitals. Each transfer creates a risk of incomplete data migration, with older records either misfiled or left behind.

2. Field Medicine and Manual Entries

In combat zones or field operations, care is often recorded manually or on local devices. When internet access or encryption requirements delay uploads, those field notes may never reach a centralized database.

3. Contracted Civilian Providers

Many military families receive care through outside providers under the TRICARE network. If these providers fail to correctly integrate patient information into DoD systems, the official record may lack key details—such as a misdiagnosed condition or a delayed referral.

4. Administrative and Privacy Barriers

Sometimes, medical personnel hesitate to share sensitive information due to HIPAA or security concerns. While well-intentioned, this can result in incomplete patient files that leave out critical evidence of care—or negligence.

The Legal Consequences of Missing Medical Records

When it comes to military medical malpractice claims, documentation is everything. Under the Federal Tort Claims Act (FTCA), veterans and dependents must prove:

• A federal employee owed them a duty of care, 
• That duty was breached through negligence, 
• The breach directly caused harm, and 
• Damages were suffered as a result. 

If your medical record doesn’t show what happened—or omits key details of a procedure—proving those elements becomes far more difficult.

For example:

• A missing surgery report might erase evidence of an instrument left inside a patient. 
• An unlogged medication change might hide a dosing error. 
• Deleted progress notes could conceal delays in diagnosis. 

Even small data gaps can undermine causation or make it appear that the injury stemmed from unrelated issues.

“Ghost Records”: The Invisible Threat

The term “ghost records” refers to medical data that once existed but can no longer be located or verified within official systems. In some cases, these records were never properly uploaded; in others, they were lost during system migration or destroyed due to retention limits.

For military families, ghost records are especially dangerous. A service member might undergo treatment overseas, but upon returning home, the follow-up physician sees no record of prior care. When complications arise later, the absence of that digital trail makes accountability nearly impossible.

In one real-world case reviewed by malpractice attorneys, a veteran’s EHR contained only half of his chemotherapy records after a transfer from a base clinic to a VA hospital. The missing entries erased evidence of dosing errors that led to cardiac damage. Without forensic data reconstruction, his claim would have been denied.

Reconstructing Missing Military Medical Data

When critical records vanish, attorneys and forensic investigators use several methods to rebuild the timeline of care.

1. Secondary Data Sources

Even when primary EHRs are incomplete, other data often exist—such as pharmacy logs, referral authorizations, radiology archives, or insurance billing records. These secondary sources can fill in missing dates, medications, and procedures.

2. Freedom of Information Act (FOIA) Requests

Under federal law, patients can request their full medical records from the DoD or VA. In complex cases, attorneys may file FOIA appeals or subpoena archived backups to locate deleted or classified data.

3. Expert Forensic Analysis

Digital forensics experts can analyze metadata and audit trails to identify tampering, missing files, or suspicious access logs. This technical evidence can be crucial in showing that negligence occurred—even if the record itself is gone.

Challenges Unique to Military Malpractice Cases

Military medical malpractice claims face obstacles beyond those in civilian healthcare. Among the most common are:

• Jurisdictional limits: Claims must be filed under the FTCA, and only for care by federal employees—not contractors. 
• Two-year filing window: The statute of limitations begins when the injury is discovered, not when the negligence occurred, but missing data can delay discovery. 
• Restricted access: Some medical records are classified due to operational security. 
• Interagency complexity: Records may be divided among the DoD, VA, and TRICARE systems, each with separate protocols. 

These challenges make experienced legal guidance essential—especially when the case hinges on incomplete or missing electronic health data.

Protecting Your Rights When Records Go Missing

If you suspect your medical records are missing or incomplete, here are steps you can take immediately:

1. Request copies of your entire military and VA medical history, including any external TRICARE providers. 
2. Document discrepancies—such as missing lab results, incomplete diagnoses, or unexplained treatment gaps. 
3. Consult a military malpractice attorney experienced in FTCA claims. They can coordinate forensic review and identify whether negligence was concealed by incomplete records. 
4. Act quickly. The longer you wait, the harder it becomes to trace missing data or meet FTCA deadlines. 

Conclusion: Lost Data Shouldn’t Mean Lost Justice

When a medical error occurs, the truth often lies in the records. But for many service members and veterans, that truth has been buried by data gaps, system migrations, and missing documentation. “Ghost records” don’t just erase history—they erase accountability.

At Khawam Ripka LLP, we’ve helped military families uncover lost medical data and build strong malpractice claims even when the system failed to preserve the evidence. Our legal and forensic teams work tirelessly to reconstruct timelines, recover missing records, and expose negligence hidden behind digital silence.

👉 If you believe your injury or illness was made worse by missing or falsified medical records, contact us today. Visit ForTheMilitary.com or call for a confidential consultation.

Your service deserves accuracy. Your injury deserves justice. And your story deserves to be told—complete and unedited.