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Medical Audit Trail at Issue in Nursing Home Wrongful Death Case
In Clouser v. Golden Gate National Senior Care, LLC, et. al., Case No. 15-33 (W.D. Pa., Aug. 9, 2016), Plaintiff sued Defendants for the wrongful death of decedent, an Alzheimer’s patient living in one of Defendants’ nursing facilities. The facility kept poor, false or incomplete records of the decedent’s condition,
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DC Court Denies FOIA Request for Certain Audit Trails
In Bagwell v. U.S. Dept. of Education, Case No. 15-334 (D.D.C., Apr. 26, 2016), Plaintiff sued Defendant after submitting a FOIA request to Defendant and receiving limited, redacted materials (of the 54,000 pages it found that were responsive). Defendant asserted that it withheld certain records based upon various FOIA exemptions.
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New York State Court Grants Motion to Compel Audit Trails in Medical Malpractice Case
In Gilbert v. Highland Hospital, Case No. 2015/03896, 2016 NY Slip Op 26147 (Supreme Court of New York, Monroe County, Mar. 24, 2016), a medical malpractice case, Plaintiff sued Defendant hospital on behalf of Plaintiff’s decedent, who presented at the hospital with nausea, abdominal pain and vomiting and was released
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Avoid Pitfalls When Seeking to Compel Production of a Medical Audit Trail
Plaintiffs Must Demonstrate Clear Purpose and Good Cause In a recent newsletter, ILS discussed recent court opinions where the court ordered a party to produce the audit trail for an electronic medical record. With the increasing adoption of electronic medical records by hospitals and physicians, these important pieces of metadata