When an Employer Fails to Protect Employee Personal Information
The first Legal eSoeaking post of 2019 takes a look at a recent decision from the Pennsylvania Supreme Court that addresses the question of “whether an employer has a legal duty to use reasonable care to safeguard its employees’ sensitive personal information that the employer stores on an internet-accessible system.” This decision offers a classic example of how the common law (judge-made law) can be used to establish rights and remedies to economic injuries allegedly caused by new technologies.
Court Ruling: Defendant’s “Staggering Degree” of Failure to Preserve ESI Means Sanctions
When the defendant in a recent court case had to admit “it bollixed its litigation hold… to a staggering degree” regarding electronically stored information, the judge determined that there was “little question” that sanctions were warranted, as “such irresponsibility with regard to discovery cannot be countenanced.”
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.
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.
“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.
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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