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.
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.
Can texting get a healthcare provider in trouble? The answer to that question, like many other legal ones, is “it depends.”
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.
There are multiple reasons why otherwise discoverable information could be withheld, but this post will address privilege and work product.
The duty of parties in civil actions to “meet-and-confer”—in essence, to cooperate—continues throughout discovery. Unfortunately, cooperation is sometimes lacking.