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 Gallardo Levin Reiter & Rogers‘ client, a prominent Long Island subacute and long-term care facility. Gallardo Levin Reiter & Rogers sought a protective order preventing the disclosure of the information. In a decision issued on August 27, 2021, the Court agreed with Gallardo Levin Reiter & Rogers‘ 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 Gallardo Levin Reiter & Rogers‘ client revised, doctored, or deleted any medical data. The Court’s decision is a significant procedural victory for Gallardo Levin Reiter & Rogers‘ 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 Gallardo Levin Reiter & Rogers Partner, Christopher Rogers.
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