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The Fundamental Importance of Medical Records to Achieving Justice

by Hon. Ralph Artigliere This blog is the first in a series, which will hopefully initiate and sustain a dialogue towards solutions to the many problems that plague the keeping, storing, and efficient access to patient Electronic Health Records (EHR). Blogs appearing here will be generated by the authors of the article,  Diagnosing and Treating Legal Ailments of the Electronic Health Record: Toward an Efficient and Trustworthy Process for Information Discovery and Release , published in the Sedona Conference Journal, Volume 18 (2017)* as well as guest authors and experts with a special knowledge or interest in EHR systems. These include law and medical practitioners, EHR and eDiscovery consultants, and judges with specific perspectives and information pertinent to this rapidly evolving subject area. Readers are encouraged to weigh in on the content of this blog and the aforementioned article as well as other issues encountered with EHR in the medical and legal fields by ...
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Insurer rejects insurance claim for NotPetya ransomware attack as "Act of War"

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Diagnosing and Treating Legal Ailments of the Electronic Health Record: Previously Unpublished Postscripts

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In the final edits of to the titular article, which can be found here , the authors and editors decided to separate these postscripts and post them separately. They were intended to capture important themes that became highlighted in the article proper over the course of the editing process. Postscript 1: An Aspirational Outline At the outset of this project, the authors set out a range of objectives with the understanding that not all could be accomplished but that certain key areas would address foundational fundamentals going forward. Reflecting that fundamentals approach, this paper focuses on the Release of Information Production interests of legal process, represented in our system of jurisprudence by support for the duty of lawyers to zealously represent their clients’ interests. Since interests in such primary principles as “authenticity” and “integrity” are shared by other end-users, our view is that a digital record that aligns, at a minimum, with legal process re...
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