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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Triggering the Duty to Preserve
Aug30

Triggering the Duty to Preserve

The duty to preserve is triggered by knowledge of actual litigation or reasonable anticipation of litigation.

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Enforcing Privacy and Data Security: What Role Might the FTC Play Today?
Jul24

Enforcing Privacy and Data Security: What Role Might the FTC Play Today?

Data security lapses can also be investigated and charges filed against a healthcare provider or business associate under HIPAA and State laws

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