Admitting the Electronic Health Record into Evidence
May22

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.

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The Sedona Conference Published a Guide for Responding to a Data Breach
Apr24

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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Can Texting Get a Healthcare Provider in Trouble?
Mar27

Can Texting Get a Healthcare Provider in Trouble?

Can texting get a healthcare provider in trouble? The answer to that question, like many other legal ones, is “it depends.”

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You’ve Been Served: What’s Next?
Feb28

You’ve Been Served: What’s Next?

There should be information governance policies and procedures in place that address receipt, processing, and response to subpoenas whether or not these subpoenas call for disclosure of confidential information.

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Attorney-Client Privilege and Work Product
Jan25

Attorney-Client Privilege and Work Product

There are multiple reasons why otherwise discoverable information could be withheld, but this post will address privilege and work product.

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Cooperate—“Or Else”
Dec19

Cooperate—“Or Else”

The duty of parties in civil actions to “meet-and-confer”—in essence, to cooperate—continues throughout discovery. Unfortunately, cooperation is sometimes lacking.

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