Gain insight into EMRs in personal injury litigation.
Several years ago, federal legislation put into place special payments to physicians to induce the adoption of electronic medical records, also referred to as electronic health records and personal health records. The most popular EMR systems include Epic, Allscripts, eClinicalWorks, NextGen, Cerner, and GE Healthcare, although there are many more manufacturers and systems available. The widespread use of EMR systems by health care facilities (i.e., hospitals, clinics, long-term care facilities, etc.) necessitates tailoring interrogatory and requests for production discovery requests to ensure obtaining the complete EMR, preferably in native format. This white paper reviews case law updates and audit trails and discusses medical records and Rule 26 reports and disclosures.
David Randolph Smith
David Randolph Smith & Associates
- Partner in the office of David Randolph Smith & Associates
- Trial attorney for 44 years and was a professor of law at Vanderbilt Law School (1983 to1988), teaching torts, evidence, and professional responsibility
- Recognized by his peers as one of the best lawyers in America in personal injury litigation and as one of the best lawyers in Tennessee
- Member of the Plaintiffs’ Steering Committee (and Expert Committee) in the Allergan Biocell Breast Implant MDL
- J.D. degree, with honors, Order of the Coif, the University of Texas at Austin; B.A. degree, cum laude, Harvard University
- Can be contacted at 615-742-1775 or [email protected]
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