E-discovery is especially challenging in healthcare related litigation due to the healthcare industry’s reliance on electronically stored information (ESI), the volume of medical records often at issue in health care litigation, especially, qui tam litigation, the time periods often at issue given the lengthy statutes of limitations and the relevance of the information that the records contain.
Adriel J. Garcia
The Legal Intelligencer
When it comes to proffering into evidence material taken from websites, the authentication requirement is often the least understood and most overlooked hurdle to admissibility. Ultimately, electronic evidence is subject to the same rules of evidence as paper documents, but although a party seeking to admit an exhibit "need only make a prima facie showing that [the exhibit] is what he or she claims it to be," practitioners often fail to meet "even this minimal showing" when attempting to introduce electronically stored information (ESI), as in Lorraine v. Markel American Insurance, 241 F.R.D. 534, 542 (D. Md. 2007).
I wasn't born a lawyer. Like many, I started my working life in restaurants. My favorite job was waiting tables at Emeril's in New Orleans, partly because I learned so much (though free meals and tips didn't hurt).