- Common types of digital evidence in malpractice claims include electronic health records (EHRs), data from electronic devices, and electronic communications like emails or texts.
- For digital evidence to be admissible in court, it generally must be authenticated, properly preserved, and legally obtained.
- Collecting evidence is important early on in a malpractice claim to protect it from being deleted, recorded over, or otherwise altered.
Digitization impacts nearly everything, including legal cases and how evidence is presented within them. Digital forms of evidence are now more common than ever, but their usage and requirements may still be confusing for some.
We discuss types of digital evidence that show up in Ohio medical malpractice claims below, what’s required to bring forward digital evidence, and things you can do if you or someone you know were harmed by a medical error.
Types of Digital Evidence Used in Ohio Medical Malpractice Claims
Electronic Health Records (EHR)
An electronic health record is essentially a digital version of a patient’s medical chart. It contains their medical history, appointment notes, lab results, and other key pieces of information that can be vital to a malpractice claim. EHRs can be used to show things like:
- Lack of testing
- Medication errors
- Delays in treatment
- Failure to review lab results or imaging
- Poor communication between providers
- Failure to refer the patient to a specialist
- Incomplete or inaccurate documentation
Example: A patient’s doctor prescribed a medication that the patient was allergic to. The EHR shows that the patient’s allergy was properly documented prior to the prescription and that the doctor should have never ordered the medication.
Electronic Communications
Electronic communications like emails, patient portal messages, or even texts may be used as evidence in a medical malpractice case. They can be used by either the plaintiff to show that a doctor’s care was inadequate or by the defense to fight allegations of a mistake.
Example: A patient messaged their doctor about symptoms via the practice’s patient portal. The patient never received a response and their symptoms worsened. Later, the patient was diagnosed with late-stage cancer with limited treatment options.
The unanswered messages may be used to show how the patient reported their concerns but did not receive follow-up instructions or testing that would have revealed the cancer sooner.
Data From Electronic Medical Devices or Wearables
If a patient uses a medical device or wearable like an Apple Watch, the data may be used to illustrate the patient’s condition over time or pinpoint when malpractice occurred.
Example: A patient wore a holter monitor to track their heart’s electrical activity for a week. The device was programmed to send information to the patient’s doctor in real time so it could be acted upon immediately if any dangerous arrhythmias were present.
The device records showed that the patient had ventricular fibrillation for several days prior to having a fatal heart attack, but the doctor never reviewed this information or contacted the patient to recommend emergency care.
Timestamps and Metadata
Timestamps and metadata can be used to help establish when certain actions occurred, like a provider accessing a patient’s chart or making updates to health records.
Example: A patient visited their doctor with a chief complaint of fever, fast heart rate, difficulty breathing, and abnormal sweating. The doctor dismissed the patient with a diagnosis of anxiety, but the patient later went to the emergency room where they died of sepsis.
The metadata attached to the patient’s last appointment shows that a staff member at the clinic accessed the medical record and made changes to the patient’s vitals to make it appear as though the patient did not have a fever or an abnormal heart rate at the time they were seen.
Requirements for Digital Evidence to Be Used in Court
For digital evidence to be admissible in court, it must be:
- Authenticated. You must be able to show where the evidence came from, how it was collected, and why it is what you claim it is.
- Properly preserved. You must be able to show that the evidence was handled in a way that protects its integrity and reduces the risk of alteration or tampering. This is often done through a clear chain of custody from collection to court admission.
- Lawfully obtained. Digital evidence must be collected through proper legal channels, such as patient authorization, discovery, subpoena, or court order.
Were You Harmed by Medical Malpractice in Ohio? We Can Help
If you or someone you love were the victim of physician negligence or medical malpractice in Ohio, The Mellino Law Firm can help. We can protect your rights and work with insurers to advocate for the full and fair compensation you deserve after being harmed.
Contact us today to learn more or to book a free, no-obligation case review. Call (440) 333-3800 to get started.