Maggie M. Finkelstein Esq.
Given recently developed new ways to track and maintain patient care data, more information is available than ever before as potential evidence in legal, regulatory, or administrative proceedings. This information is becoming highly sought after by plaintiff attorneys in medical professional liability lawsuits. The consequences of not maintaining the information, even if inadvertent, can be significant. The key for any healthcare provider is to understand what information it is, or is not, collecting and maintaining, and to understand what information is producible in response to a request for a patient’s “legal medical record” in the litigation context. This article provides an overview of this issue and a suggested plan for preparing in advance of any such legal requests in order to mitigate risk and enhance compliance with relevant rules, laws, and regulations.