On-Site Electronic Records Inspection Allowed in Malpractice Case

A medical malpractice plaintiff’s attorney can inspect an electronic medical record at a hospital whose negligence allegedly contributed to a patient’s death (Borum v. Smith, 2017 BL 243540, W.D. Ky., 4:17-cv-17, 7/14/17).

It isn’t common for plaintiffs to ask for an on-site EMR inspection during pre-trial discovery absent a question about the authenticity of a printed medical record. This case raises questions about whether accessing an EMR at its place of origin should be allowed absent such concerns and whether such a request is overly burdensome to the defendant.

Magistrate Judge H. Brent Brennenstuhl, of the U.S. District ...