X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

With electronic communication and recording taking the medical community by storm, defense litigators practicing in the medical community are now educating their clients on matters their corporate counterparts have been dealing with for years—the right way to electronically communicate with each other. Plaintiff lawyers—for better or for worse depending on what side of the “v” you are on—are becoming far more savvy in the world of tech and metadata. But the words used in these communications are often chosen casually.

Jesse Broocker, Weathington McGrew, Atlanta Jesse Broocker, Weathington McGrew, Atlanta

Words written in email and text are just as “etched in stone” as formal correspondence for purposes of litigation. This extends not only to how internal communications are conducted at the provider groups we represent but also direct patient-provider contact. Creating faster and more accessible means for patients to communicate with their treaters, and treaters to communicate with each other—while absolutely commendable from a care delivery standpoint—creates new risk. With ease of access we all tend to reach out (and comprehend) substantively in a more informal manner. This leads to miscommunications, flippancy and more importantly—misses. At its worst, we have seen collegial text communications actually drag doctors into lawsuits. I have literally seen email chains with the subject line “smoking gun.”

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

Lean Adviser Legal

Think Lean Daily Message

"Nothing gets the hungry lawyer s juices flowing like a big new project, but the temptation to dive in and start lawyering must be resisted. Planning comes before execution. And it is incumbent on the lawyer, not the client, to initiate that planning."

Learn More

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.