What Every Medical Malpractice Attorney Needs To Know About Computer Forensics

December 13, 2016 - from DisputeSoft's G. Hunter Jones

Medical mistakes not only may put a patient’s life or health at risk but also lead to an investigation of the practice and, depending on the evidence, potential litigation.

Evidence of mistakes or unethical behavior by medical professionals can often be found only deep within the metadata of a computer system, a medical record, or a medical image. A computer forensics expert can follow the trail of technological breadcrumbs to uncover factual information that exposes medical mistakes or even their cover-ups. The following real-world scenarios illustrate how the work of a computer forensics expert can help counsel to ferret out critical facts of a case:

1. A doctor fails to detect a severe birth defect in an ultrasound image. By examining computerized medical records, a computer forensics expert can uncover evidence that indicates which radiologist examined the image and when each examination was conducted. If the ultrasound image has been deleted, the expert can determine when the image was deleted and may be able to recover the lost image.

2. A patient fails to show up for a follow-up appointment, claiming that the practice never scheduled such an appointment. An investigation determines that the practice changed the computer system it uses to manage its electronic health records, and the record of the appointment cannot be recovered using the practice’s new system. A computer forensics expert can stand up the old system to inspect the order and appointment history to determine whether the patient’s missed appointment was actually scheduled.

3. A physician fails to produce a patient’s medical records upon request. A contractor handles the medical records for the practice, and the practice’s staff is unfamiliar with the computer system used to manage the records. As a result, the staff’s efforts to produce a patient’s medical records fail, and the patient claims that his/her records were altered and inadequate. A computer forensics expert can determine whether the patient’s electronic health records were altered or improperly maintained.

The above scenarios are just a few of the many kinds of disputes that may arise from allegations of medical malpractice.  In any case that involves digitally stored files, computerized images, or medical software, a computer forensic expert may have the skills to gather crucial evidence that could help to decide a case.

For more information regarding DisputeSoft’s experience in medical malpractice disputes, please click here.