eDiscovery Best Practices for Healthcare Cases
Comperio Legal Services provides skilled attorneys the electronic medical record analysis and expert witnesses they need to win. Do you have an expert understanding of the risk posed by the electronic medical records in your case? Discover the truth. Schedule your FREE, no-obligation case consultation today.
eDiscovery Isn’t Just a Form Letter — It’s a Strategy
We help attorneys draft laser-focused requests that target the right systems, the right data, and the right timeframes, increasing your odds of getting usable, unaltered evidence.
In medical malpractice cases, the most critical evidence often doesn’t appear in the chart — it’s hidden in system logs, user metadata, and audit trails. Yet, many eDiscovery requests fail to capture what matters most.
In healthcare litigation, eDiscovery is more than a checklist — it’s your first opportunity to control the narrative. Yet far too often, attorneys receive incomplete EMR productions without realizing it until expert review or deposition reveals what was left out.
At Comperio, we help attorneys go beyond the superficial “certified record.” We work with you to craft precise, technically sound discovery requests that force production of the data that matters, user-level actions, note creation and editing history, decision support alerts, and full metadata surrounding key clinical events.
If you’re only asking for PDFs or assuming the standard Release of Information (ROI) process includes everything, you’re already behind.
Top eDiscovery Mistakes We See:
- Requesting only PDFs instead of raw EMR audit trail exports
- Missing critical date ranges surrounding the malpractice event
- Failing to specify system-level metadata like user login details, platform access, or alert response behavior
- Overlooking separate modules (e.g., messaging inboxes, decision support tools, or downtime record systems)
Real Case Example:
In a maternal-fetal injury case, our audit trail review revealed that the provider never opened the vitals flowsheet or the fetal heart tracing summary despite attesting in deposition that they reviewed both before making delivery decisions. Without a precise request for audit logs tied to specific patient views, this discrepancy would have remained hidden.
We help ensure your language:
- Identifies the correct modules, date ranges, and system layers
- Targets the EMR’s source of truth, not just what’s printable
- Forces full transparency, or creates a solid record to support a motion to compel
What You Should Be Asking For:
- A complete audit trail from all EMR platforms used
- Access logs that include login department, platform type, and workstation ID
- Metadata tied to each clinical note — who authored it, when, and whether it was altered
- Evidence of CDS alerts, order routing, and messaging activity
Whether you’re just getting started or already suspect record manipulation, we can help you tighten your eDiscovery requests and secure the data that moves the needle.
Don’t let discovery become a missed opportunity. A strong case begins with asking the right technical questions from day one.
