Designed to make our professional and personal lives easier, this technology places everything and everyone at our fingertips in an instant. But is there a price for such convenience? When it comes to litigation and discovery, there may be a very real and significant financial cost.
Many of us enjoy these devices as they allow us to offer immediate feedback and praise ourselves on our responsiveness. Oftentimes, we prioritize quick feedback over accuracy. Likewise, as we tend to use these devices in private, we often assume that our comments, suggestions and even playful give-and-take will remain confidential. This is not the case, and our cavalier attitude should be tempered.
In many cases, electronically stored information (ESI) is as discoverable as a patient’s paper chart. It is, therefore, imperative that all potentially relevant electronic information be preserved as soon as litigation is reasonably anticipated. Failure to do so can result in harsh consequences, including monetary sanctions and even an adverse judgment. Your attorney will be able to guide you through this process to ensure that the preservation is effectuated in a forensically sound manner so that even inadvertent alteration of records cannot occur.
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Source: MD News
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