Gerald "Jud" DeLoss and DeLoss Health Law announce an additional set of professional services available for attorneys, consultants, and executives involved in medical malpractice litigation. Mr. DeLoss is able to provide the following and additional
critical assistance during medical malpractice and related litigation:
1.
Review Electronic Health Record (EHR) and other
electronic data sources to identify other potentially responsible parties and
negligent misconduct.
2.
Conduct analysis of EHR and audit trail to determine
modifications/revisions to medical record following incident and to determine
its integrity.
3.
Guide and assist counsel in electronic discovery
(e-discovery); including identifying electronic data sources, preparing proposed
litigation holds/demands, and analyzing metadata for supporting evidence.
4.
Expound upon standards associated with adoption and
utilization of EHRs.
5.
Expound upon standards related to Clinical Decision
Support systems incorporated into EHRs.
6.
Advise counsel on implications of HIPAA/HITECH Privacy
and Security Rules and leveraging each for maximum benefit during litigation.
7.
Identify financial incentives that medical providers
may have received in exchange for utilizing EHRs in an improper manner.
8.
Guide counsel through the interconnected EHR shared
among multiple parties.
9.
Advise counsel on relationship among parties engaged in
Health Information Exchange and recommend potential legal theories under which
additional parties may be directly or indirectly engaged in litigation,
including tort and contract causes of action.
10.
Recommend maximum leverage available under HIPAA/HITECH
Breach Notification Rules and potential causes of action.
Mr. DeLoss was one of the
first experts to identify the implications of medical negligence/malpractice
and HIT. He has written extensively on
the potential waiver of the attorney-client privilege related to defense
counsel’s HIPAA-mandated Business Associate Contract. In addition, he has addressed the impact of
the HIPAA/HITECH access, amendment, and accounting standards during
litigation. More recently he has
identified how Electronic Health Records will modify medical-related litigation
as it relates to Privacy/Security Causes of Action, Electronic Discovery, and
the Standard of Care. Finally, Mr.
DeLoss has expounded upon the vast legal implications of the admission of a new
party to the medical realm – Health Information Exchanges – and how HIEs may be
exposed to legal liability.
Selected Articles & Presentations:
"The
Life Cycle of Health Information: An Overview of the Creation, Use, and
Disclosure of Health Data Across the Health Delivery Spectrum,” Connections
Magazine, American Health Lawyers Association, May 2011
“Clinical Decision Support Systems: Towards a New Standard of Care?”,
World of Health IT
Conference, Copenhagen, Denmark, November 4-6, 2008
Please contact DeLoss Health Law and Mr. DeLoss at:
Direct 312.880.9679
Cell 612.432.3135
gdeloss@delosshealthlaw.com
DeLoss Health Law
700 Westgate Road
P.O. Box 1615
Deerfield, IL 60015
