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Mark A. Berman Mark A. Berman

An audit trail of an electronic medical health record “shows the sequence of events related to the use of a patient’s electronic medical records; i.e., who accessed the records, when and where the records were accessed, and changes made to the records” (Vargas v. Lee, 2019 N.Y. App. Div. LEXIS 2071, 2019 NY Slip Op 02142 (2d Dep’t March 20, 2019)) and hospitals are required to maintain them under federal and state law (see 45 CFR 164.312[b], 10 NYCRR 405.10[c][4][v]). Audit trails can thus be the “silver bullet” for a plaintiff or a defendant depending on the facts of the case.

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