Electronically stored health information now plays a central role in civil litigation, particularly in healthcare disputes and tort actions. The admissibility and effective use of electronic medical data raise recurring issues under discovery rules, evidentiary standards, and evolving definitions of electronically stored information (ESI). Counsel must understand not only how such data is generated and maintained, but also how to properly obtain, authenticate, and introduce it at trial.
This CLE program examines the legal framework governing electronically stored health information, with a focus on its treatment as ESI under applicable procedural and evidentiary rules. The course addresses the statutory and regulatory definitions that apply to electronic medical data, the discovery tools available to compel production, and the steps required to establish foundation and authenticity. Particular attention is given to the evidentiary rules most frequently implicated when admitting electronic medical records, metadata, and related digital evidence, including hearsay exceptions, business records issues, and challenges to reliability and completeness.
Designed for litigators handling healthcare-related and personal injury matters, this program provides practical, law-driven guidance on developing electronic medical evidence from discovery through trial, anticipating admissibility challenges, and creating a defensible record for use in motion practice and at trial.
