Electronic Discovery Health

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Blog: Implications of the Cybersecurity Bill for the Health Care Industry

On Tuesday the Senate passed the Cybersecurity Information Sharing Act (CISA). The House had passed a similar bill, the Protecting Cyber Networks Act, in April of this year. The Act comes in the wake of many large scale data...more

Take Steps Now to Prepare for eDiscovery to Save Money Later

eDiscovery lawyers like to say that a company’s first significant ediscovery matter will be their most expensive one. That’s because most companies don’t take the proactive steps that can minimize their exposure to ediscovery...more

Hacking Your Health: For Healthcare Providers, Risk Analysis Must Be Ongoing

Healthcare providers would be wise to keep in mind that if a patient is harmed by a hacked medical device, Exhibit A in the negligence suit against them may be that provider’s risk analysis, or lack thereof....more

FDA Issues Unprecedented Alert Over Medical Device Cyber Security Risk

A fictional cyber-terrorist weaponizing a medical device by hacking into it has become a familiar plot premise in recent Hollywood dramas.  Unfortunately, the risk of harm from medical device hacking has now become an...more

EHR: Improving Care or Complicating Litigation?

Electronic Health Records (EHR) were generally promised to decrease costs and improve health-care outcomes. Setting aside whether those promises were well founded, EHR have posed new challenges for litigators. What makes...more

Proposed class action case filed against Medical Informatics Engineering

Medical Informatics Engineering, Inc., an electronic medical record service provider, recently disclosed a data breach affecting approximately 4 million individuals. Within days of the disclosure, Medical Informatics was hit...more

NIST releases draft guide for use of mobile devices for medical providers

The National Institute of Standards and Technology (NIST) cybersecurity center released a draft guide last week for health IT professionals to use to bolster security for the use of mobile devices in the health care industry....more

Necessary Ingredients for Sound Legal Holds

Whenever e-discovery and healthcare litigation and investigations come up, you can almost always count on the topic to include a discussion of sanctions. That’s not an accident. There has been an uptick in both the volume of...more

Connecticut Imposes New Data Security Obligations

New law will require consumer breach notice within 90 days, identity theft protection for consumers,“kill switch” for smartphones, and implementation of data security programs for certain health providers, state agencies and...more

Connecticut to Tighten Data Privacy Requirements

On June 1, 2015, the Connecticut Legislature passed S.B. 949, a comprehensive data privacy and security bill that tightens the state’s data breach response requirements and imposes new obligations on state contractors and the...more

Blog: Class Action Following Health Information Data Breach

As we discussed in our previous post, Premera Blue Cross (Premera) recently revealed that it suffered a massive data breach potentially exposing the personal data of 11 million customers. ...more

Roadmap to Prison: Lessons Learned from the Criminal Prosecution of Alpha Ambulance’s Leaders

No one running an ambulance company ever planned to go to prison for doing his or her job. But that is a real possibility if the government knocks on the door, and the owner or manager is dishonest in his or her response to...more

Also In The News - Health Headlines Jan 2015 #4

CMS Administrator Marilyn Tavenner to Resign in February – CMS Administrator Marilyn Tavenner announced on January 16, 2015 that she will resign her position at the end of February. Tavenner has served in her position since...more

Illinois Supreme Court Debates Self-Critical Analysis Privilege

Last week, the Illinois Supreme Court heard argument in a case being closely watched by the civil defense bar: Harris v. One Hope United, Inc. Harris poses a simple question: does Illinois recognize the self-critical...more

Illinois Supreme Court to Consider Discovery Privileges Applicable in Medical Malpractice

In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of potential importance to the medical malpractice bar: what kinds of documents are privileged from disclosure in a negligent...more

Oklahoma Legislature significantly expands peer review privilege

Oklahoma’s peer review statute provides that peer review information is private, confidential, and privileged. It encourages health care professionals to police themselves by evaluating their peers. It also promotes the...more

Obama Administration the Target of Hackers; Former Administration Official Recipient of Subpoena Related to Cybersecurity

The Obama Administration's handling of cyber and data security was recently brought into question due to two distinct security incidents. On the same day that a former Administration official received a subpoena related to...more

Summary Judgment Is No Dress Rehearsal

The standard for summary judgment is neither novel nor new. Most of us can recite it from memory: Summary judgment is warranted “if the movant shows that there is no genuine dispute as to any material fact and the movant is...more

Ex Parte Communications between Treating Physician and Attorneys

Under HIPAA, physicians are permitted to disclose “protected health information” to their attorneys for purposes of their own healthcare operations. This allows physicians sued by patients for malpractice to provide their...more

E-Discovery - Nevada U.S. District Court's Special Master's Report and Recommendations: Failure to Preserve ESI, Litigation Holds

Small v. University Medical Center of Southern Nevada arises out of an employment law dispute. The court appointed a special master who found that the defendant medical center failed to preserve a considerable body of...more

New Jersey Federal Court Allows “Self-Help” Counterclaims Against Potential FCA Whistleblowers To Proceed

Last week, a New Jersey federal court allowed medical device maker Boston Scientific Neuromodulation Corp. (“Boston Scientific”) to proceed with counterclaims against two of its former employees for violating their contracts...more

Audit Trails: Pitfalls of Electronic Medical Records, Part III

I do not profess to be an expert in the complexities of metadata in an electronic medical record (EMR). In simple terms, it is analogous to leaving footprints in the sand; although these do not wash away with high tide. In...more

Two Tips for Inventors Filing Patent Applications [Video]

The intense patent activity in graphene stems from its enormous technological and commercial potential. But because much of the territory underlying the graphene cross-roads has already been claimed, patenting graphene poses...more

Lessons From A Cautionary Tale of Electronic Discovery Pitfalls in Health Care Litigation

E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care...more

Audit Log Discovery As A Feature Of The Electronic Medical Record

The increased use of electronic medical records ("EMR") is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits. Plaintiffs' attorneys seek to...more

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