“Huh?' you may ask. 'I've never done that, and besides, all you have to do is get the medical records and you don't need to take anybody's deposition.'
Deposing the Hospital's Librarian and Chief of Staff
As part of discovery, the attorney would want to determine the origin of a particular medical record and seek explanations for whatever spoliation has occurred, whether physical (destruction or absence of the record) or content spoliation (an inaccurate account of the medical care). The place to begin, then, is with those responsible for enforcing medical record rules and regulations: the Chief of Staff and the hospital medical record librarian.
By
Elliott B. OppenheimThis premium content is locked for LawJournalNewsletters subscribers only
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