Legal Hold Pro

Healthcare Industry

The amount of digitally-stored medical information continues to grow at an accelerating rate, being driven by government stimulus and overall efficiency initiatives in the healthcare profession.

Simultaneously, the threats of litigation and government investigation, which require increasing volumes of electronic medical information, are creating an untenable risk for healthcare practitioners and insurance providers due to potential missteps when responding to a duty to preserve that information.

Healthcare provider organizations should be aware that the need for documented "reasonable and good faith" efforts in response to a preservation obligation has never been greater. This need is growing due to three factors:

• The accelerating growth of potentially-responsive electronically-stored information ("ESI") that continues to increase both the time and risks associated with traditional approaches to e-discovery.
• Adversaries and government oversight entities are becoming more e-discovery savvy, acutely aware of the leverage that e-discovery omissions and missteps can provide, especially those made during pre-discovery stages when litigation is first reasonably anticipated.
• Courts are becoming far less tolerant of loss of data through failures to implement reasonable preservation protocols designed to suspend routine or inadvertent destruction of data, as signaled by numerous judicial decisions throughout 2010.

The healthcare industry is one of the most litigious sectors in our economy. Now is the time to educate yourself so your organization will be prepared to meet the contemporary standards for legal holds.

LEARN MORE

• White Paper: Electronic Medical Information Preservation and Legal Holds
• On-Demand Webinar: "Electronic Medical Information Preservation and Legal Holds" with Brad Harris and Ken Rashbaum, March 30, 2011
• More at Resource Center