Medical Malpractice

Modern medical practice relies heavily on technology for its smooth operation: health records are stored digitally, cutting-edge medical equipment produces electronic images, and medical staff record every appointment for months to come on a computerized calendar. Deep integration of technology with medicine means that electronic evidence can often serve as a smoking gun that supports or refutes claims of medical malpractice. DisputeSoft provides a wide variety of computer forensics services to assist counsel in uncovering factual information as it relates to such claims of malpractice.

Electronic Medical Records

Electronic medical records store a significant amount of patient information. By examining metadata of an image, document, or file, a computer forensics expert may be able to uncover evidence that supports or refutes claims of alleged malpractice. DisputeSoft’s experts can determine which user created, altered, or accessed a digital file, as well as when such actions occurred. In some cases, our experts may be able to recover a deleted file. Information uncovered and preserved using such methods may be applicable for determining whether a medical professional met the required standard of care. DisputeSoft forensic examiners can also determine whether a practice has kept adequate electronic records by comparing the practice’s electronic record-keeping procedures to regulations enumerated by such laws as the Health Insurance Portability and Accountability Act (HIPAA).

Healthcare Systems & Software

A practice’s computer system can contain terabytes of information about a practice and its patients, and failure of this system could prove highly damaging to both parties. Loss of electronic medical records, inability to provide copies of patient history, heightened security breach vulnerability, and encryption failure are all serious violations of HIPAA that can result from a medical system failure. When a practice’s computer system fails, our software experts can uncover the cause of the failure, which may support or refute allegations of malpractice due to negligence in properly maintaining the system.

System updates can inadvertently alter electronic medical information, sometimes even deleting documents and files. In a dispute regarding documents deleted during standard updates or changes within an existing system, DisputeSoft’s experts can recover lost documents and associated metadata. In a dispute involving a legacy system migration, our experts can often revive the old system to retrieve and examine relevant patient history and records.

To learn more about DisputeSoft’s experience with healthcare and medical malpractice disputes, please click here.