Zapproved Solution Brief: Health Care Industry
The health care industry faces significant challenges when it comes to handling electronic data for litigation and regulatory matters. Case law clearly requires that once the threat of litigation arises, health care organizations must take immediate steps to preserve all potentially responsive information. Those who haven’t, face the risk of sanctions as recent cases involving health care organizations show:
In NuVasive, Inc. v. Madsen Med., Inc., the court sanctioned a medical device company that issued a legal hold but failed to take affirmative steps to implement it, follow up with custodians on their compliance with the terms of the hold, or ensure that the hold covered all relevant data. In Small v. Univ. Med. Ctr. of S. Nev., a court-appointed special master recommended that the court enter a default judgment and other sanctions in a wage and hour class action against a university hospital. The hospital failed to preserve data, including text messages, on employees’ company-issued and personal mobile devices.
Litigation and government investigations involving health care entities are complicated, with additional burdens over and above typical legal matters. Here are some suggestions from years of working with hospitals and health insurers on how to attain a clean bill of e-discovery health.
Read the Zapproved Solution Brief for the Health Care Industry for insights about how to improve their approach to e-discovery and regulatory compliance.
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