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.
Triggering the Duty to Preserve
The duty to preserve is triggered by knowledge of actual litigation or reasonable anticipation of litigation.
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
How Collecting Biometric Information Can Lead to Litigation
Biometric information may be extremely useful, but healthcare organizations must take into account state laws before implementing any programs that collect or leverage that information.
Admitting the Electronic Health Record into Evidence
The process of admitting ESI into evidence may be costly to a provider. However, recent amendments to the Federal Rules of Evidence may reduce that cost.
The Sedona Conference Published a Guide for Responding to a Data Breach
No healthcare organization looks forward to the day they have to deal with a data breach. Unfortunately, data breaches happen seemingly on a daily basis.
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