{"title":"联邦民事诉讼规则,电子健康记录,以及电子证据开示的挑战。","authors":"Terrance K Byrne","doi":"","DOIUrl":null,"url":null,"abstract":"<p><p>Byrne argues that disparities among different courts' interpretations of the Federal Rules of Civil Procedure amendments have caused confusion for those in law and healthcare. Additional amendments to the FRCP are necessary to provide clarity, especially in the area of healthcare electronic discovery. Specifically, future amendments should include: 1. Enforcing the \"Meet and Confer\" process, especially as related to e-discovery and ESI 2. Clear specification about when the duty to preserve information begins 3. Delineating reasonable and consistent standards for production of information 4. Outlining the details for when sanctions for failing to retain ESI are appropriate.</p>","PeriodicalId":73804,"journal":{"name":"Journal of law and health","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2015-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Federal Rules of Civil Procedure, Electronic Health Records, and the Challenge of Electronic Discovery.\",\"authors\":\"Terrance K Byrne\",\"doi\":\"\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p><p>Byrne argues that disparities among different courts' interpretations of the Federal Rules of Civil Procedure amendments have caused confusion for those in law and healthcare. Additional amendments to the FRCP are necessary to provide clarity, especially in the area of healthcare electronic discovery. Specifically, future amendments should include: 1. Enforcing the \\\"Meet and Confer\\\" process, especially as related to e-discovery and ESI 2. Clear specification about when the duty to preserve information begins 3. Delineating reasonable and consistent standards for production of information 4. Outlining the details for when sanctions for failing to retain ESI are appropriate.</p>\",\"PeriodicalId\":73804,\"journal\":{\"name\":\"Journal of law and health\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2015-01-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of law and health\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of law and health","FirstCategoryId":"1085","ListUrlMain":"","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Federal Rules of Civil Procedure, Electronic Health Records, and the Challenge of Electronic Discovery.
Byrne argues that disparities among different courts' interpretations of the Federal Rules of Civil Procedure amendments have caused confusion for those in law and healthcare. Additional amendments to the FRCP are necessary to provide clarity, especially in the area of healthcare electronic discovery. Specifically, future amendments should include: 1. Enforcing the "Meet and Confer" process, especially as related to e-discovery and ESI 2. Clear specification about when the duty to preserve information begins 3. Delineating reasonable and consistent standards for production of information 4. Outlining the details for when sanctions for failing to retain ESI are appropriate.