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.
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.”
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.
A recent study revealed a continuous increase in medical malpractice claims related to electronic health records over a ten-year period.
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.
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.