Electronic Medical Record & Audit Trail Litigation
AI has transformed health care as we know it, and its use is growing exponentially in ways previously unimaginable. As a result, medical malpractice cases are becoming even more complex and expensive to litigate and often involve third-party technology vendors as parties. Marshall Dennehey is at the forefront of this emerging area of law, as one of the first defense firms to devote a practice group to assisting health care clients and other counsel with EMR and audit trail preservation, production, expert and discovery issues.
Our experienced attorneys assist health care systems and their counsel every step of the way, from discovery through trial. We involve third-party electronic medical record vendors in the litigation, when necessary, to assist in explaining a production issue or clarify an ongoing discovery dispute. We routinely monitor and report legal precedent for new discovery and trial issues associated with the EMR, audit trail and AI.
As the EMR evolves into a tool that augments medicine, rather than an information repository with the integration of AI, new legal thought and litigation strategies need to be considered. We assist with the strategic decision of whether and how to include EMR and AI vendors in your cases, and we outline the legal benefits and pitfalls in doing so.
Medical negligence cases are only going to become more complex, with novel factual and legal issues. Going into these cases with the right guidance and experience is necessary, and you can rely on our Electronic Medical Record and Audit Trail Litigation Practice Group to lead the way.
“Our cases are becoming more complex with the advent of AI, not less. We can help you anticipate and plan for the novel issues that are coming. Stay ahead of the curve and contact us with any health care technology issues you may have.” – Matt Keris, Practice Group Chair
The Quarterly Dose – May 2025, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2025 Marshall Dennehey. All Rights Reserved.