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Left to right: Matthew P. Keris and Robert J. Aldrich of Marshall Dennehey Warner Coleman & Goggin

The recent discovery trend in medical malpractice litigation is to not only request a copy of the patient’s medical record, but to also request the defendant’s electronic medical record (EMR) “audit trail,” which can show a true history of the chart entries including the identity of persons who have reviewed its information. In some instances, the EMR’s audit trail is as highly scrutinized as the care rendered to the patient. Before producing the audit trail, several issues should be answered.

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