The Shifting Landscape of e-Discovery
June 28, 2006
This month, we bring you another in a continuing series of articles on the U.S. Supreme Court-approved proposed amendments to the Federal Rules of Civil Procedure, which become effective Dec. 1 ' unless Congress acts to veto or alter them. Last month, two guest authors explored and defined the concept of accessible and inaccessible electronically stored information as defined by the new rules. This month's article expands on some aspects of that discussion, and provides a new discussion of some elements related to the production and handling, and the disclosure and protection of e-discovery data, including confidential information, under amended Rule 37, and briefly ponders the possible guidance that recently issued Sedona Conference guidelines may provide judges.
Verdicts
June 28, 2006
Recent rulings of interest to your practice.
Med Mal News
June 28, 2006
The latest news of importance to you and your practice.
The Art and Science of Culling Data by Keyword
June 28, 2006
e-Discovery is a large process that has become many smaller ones, each requiring expert and diligent attention. Culling large data sets by keyword is no different from other elements of e-discovery projects, except, unfortunately, in one sense: Although it's a process in electronic-discovery projects, it's one that too often doesn't receive the time or consideration it deserves.
Peer Review Proceedings Are Not Always Confidential
June 28, 2006
The peer review process is indispensable to promotion of quality in medical facilities. A major component of the process is honesty; without open investigation and discussion of adverse events and their causes, meaningful reforms for avoiding the same occurrences again are less likely to be made. To ensure open discourse, nearly every state has enacted laws protecting the confidentiality of peer review proceedings. However, federal law may not always be so deferent to the privacy concerns of the peer review committee. In certain circumstances, what most participants thought would be a closed record under state law might be opened by competing federal law enacted to protect the disabled.
Ensuring Consistent Quality in Electronic Discovery
June 28, 2006
Electronic evidence is now so prevalent, it's no surprise that most litigation requires its collection and review. But, how do you know that you've collected everything you intended to harvest? How do you verify that what is going out the door to opposing counsel is enough to satisfy their demand, but isn't overbroad and an invitation for fishing? On that point, zoom out for an even more macrocosmic view and ask yourself how you can manage your vendors to ensure consistent quality over the long term.<br>Ultimately, it's the responsibility of the client representative, either a member of the corporate law department or a member of outside counsel's case team, to ensure the quality of the collection and processing effort.
Bariatric Surgery Today
June 28, 2006
It is now common knowledge that the Centers for Disease Control and the American Medical Association consider obesity to be a high-priority medical problem. To combat the growing epidemic, bariatric surgery, which is indicated for 'severely' or 'morbidly' obese patients ' generally defined as a body mass index (BMI) over 40 (a 'normal' BMI is 19-25) ' has become increasingly popular. Surgery may also be indicated for patients with a BMI between 35 and 40, if there are significant co-morbid conditions.
When Is Your Doctor Not Your Doctor?
June 28, 2006
Modern understanding of medical malpractice is based upon the presence of a physician-patient relationship. This specific relationship gives rise to a special duty on the part of the physician, the breach of which is one of the requirements for finding professional negligence. Although this consensual relationship is often discussed and thought of in terms of an express contract ' that the relationship is created when professional medical services are 'offered' voluntarily and those services are 'accepted' voluntarily by another ' most courts have held that the creation of the relationship need not satisfy the formalities of a contract.
