Analyzing and Using Electronic Medical Records in Litigation

Electronic Medical Records (EMR) are governed by a strict regulatory framework, but they contain remarkably detailed information that is important in a wide variety of cases from malpractice to fraud to criminal prosecution. This data is frequently produced in paper or PDF reports, leaving much of the potentially relevant data behind. This presentation discusses the types of information that are contained in EMR systems and how to approach discovery requests to comply with the law and avoid missing responsive data. Using examples from actual cases, we discuss the ways parties withhold, modify, or obfuscate electronic medical record data, and how to ensure it is all collected or produced.

This program will benefit all attorneys involved in litigation where electronic medical records may be admitted into evidence.  

1. Understand how electronic medical records function
2. Review the audit trail functionality and the types of data that audit trails stores
3. Obtain and review audit trail data and match it up to the electronic medical record