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CG&P SECURES SIGNIFICANT E-DISCOVERY RULING AND PROTECTS MEDICAL CLIENT’S METADATA AND AUDIT TRAIL FROM DISCLOSURE

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CG&P SECURES SIGNIFICANT E-DISCOVERY RULING AND PROTECTS MEDICAL CLIENT’S METADATA AND AUDIT TRAIL FROM DISCLOSURE

In an action for medical malpractice and alleged violations of Public Health Law §2801-d, the plaintiff moved to compel the production of the metadata and audit trail relating to the resident care chart maintained by CG&P’s client, a prominent Long Island subacute and long-term care facility. CG&P sought a protective order preventing the disclosure of the information. In a decision issued on August 27, 2021, the Court agreed with CG&P’s contention that plaintiff failed to establish a sufficient basis to obtain the audit trail and electronic data relating to the client’s medical records as plaintiff failed to demonstrate that CG&P’s client revised, doctored, or deleted any medical data. The Court’s decision is a significant procedural victory for CG&P’s client and can be used by other medical providers who are faced with overreaching and costly e-discovery demands. This case is being handled by CG&P Partner, Christopher Rogers.