When a Defendant Fails to Preserve ESI
Nov27

When a Defendant Fails to Preserve ESI

I have discussed the importance of preservation of electronically stored information (ESI) in multiple Legal e-Speaking posts, as well as the potential consequences of not doing so. A recent court decision, Small v. University Medical Center, offers an example of both the importance of preservation of electronically stored information (ESI) and the potential consequences of not doing so.

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How Might the EHR Lead to Medical Malpractice Claims?
Oct24

How Might the EHR Lead to Medical Malpractice Claims?

A recent study revealed a continuous increase in medical malpractice claims related to electronic health records over a ten-year period.

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“Reasonable Steps” to Avoid Sanctions for the Loss of Electronically Stored Information
Oct12

“Reasonable Steps” to Avoid Sanctions for the Loss of Electronically Stored Information

There is no single compilation of what reasonable steps a party might take to avoid the loss of electronically stored information or the imposition of related sanctions for such a loss.

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What Can Happen If a Website Is Not ‘Accessible?’
Sep28

What Can Happen If a Website Is Not ‘Accessible?’

It is common for healthcare providers and business associates to have websites—which may be covered by the Americans with Disabilities Act (ADA) or analogous state laws.

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What Might be the Consequence of a HIPAA Violation?
Sep05

What Might be the Consequence of a HIPAA Violation?

Violations of HIPAA cannot be prosecuted by individuals but, depending on the jurisdiction, individuals can seek monetary awards based on loss of privacy.

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