Electronic Medical Record & Audit Trail Litigation

The recent trend in high-exposure health care provider litigation encompasses not only the pursuit of a case based on the medicine, but also a separate case in discovery based on the electronic medical record (EMR) and audit trail.

Given the complexity, scope and cost of producing a complete audit trail and an accurate medical chart, medical professionals and facilities can retain Marshall Dennehey for assistance with the production and preservation of the EMR audit trail, and counsel in dealing with EMR system vendors, plaintiff EMR consultants and other discovery and trial issues associated with this information system.

Marshall Dennehey’s focused legal services can readily assist in reducing litigation costs and standardizing discovery on EMR and audit trail issues. Our legal services include:

• Coordinating with IT, medical records department, risk management and clinicians to confirm  the complete production of the EMR and audit trail.
• Identifying and preparing IT professionals for corporate designee depositions.
• Examining the methodology, credentials and knowledge of the plaintiff’s IT specialist who may provide adverse testimony at trial regarding EMR alteration.
• Coordinating the technical support of EMR vendors in litigation.
• Assisting in the preparation of witnesses for deposition by verifying that the produced record is accurate and consistent with the audit trail.
• Procuring exhibits, budgets, affidavits and other internal information to be utilized as exhibits for motions for protective orders seeking the total or partial cost-shifting of costs associated with EMR audit trail discovery.
• Providing guidance in responding to novel EMR discovery requests, including the use of the EMR during a deposition and review of EMR by plaintiff’s counsel prior to depositions.

As a value added service, Matt Keris also provides consulting services on a national basis to attorneys grappling with EMR and audit trail discovery issues. In this capacity he is brought in as a legal consultant to provide guidance on managing this unique aspect of litigation.

Our goal in providing these services is simple: to reduce legal expenses, streamline answers to discovery, and reduce the time spent on litigation by the risk management, IT and medical records staff.