Database Expert Witness Evaluates Electronic Medical Record Errors

ByJoseph O'Neill

Updated on

Database Expert Witness Evaluates Electronic Medical Record Errors

Case Overview

This case involves electronic medical record (EMR entries and the subsequent revisions made by a physician. There was an incident which resulted in the permanent paralysis of a 30-year-old male. Counsel seeks an expert with familiarity of electronic medical document tracking and forensics. The medical data management expert must be able to determine which entries were adjusted and modified, as well as extract all entry data for purposes of review.

Questions to the Technology expert and their responses

Q1

Please explain why you're qualified to serve as an expert on this matter.

I have been a digital forensic expert for nearly a decade. I have reviewed many EMR and medico legal cases, including some that are very similar to this. These cases typically require a thorough examination of the back end of the system to determine who made, edited, or deleted entries; including when the event occurred. Medical records systems vary wildly in their complexity and audit tracking ability. In some cases they consist of flat files, old legacy databases, and proprietary systems that rely on programming languages that were developed in the 1960s. It will be important to have an expert who is capable of sifting through all of these details in order to make an accurate assessment of what happened in this case.

Q2

Have you ever conducted this sort of an audit/forensic assessment for medical legal matter, and have you served as an expert witness?

I have reviewed many EMR and medico legal cases, including some that are very similar to this.

About the expert

This expert is a Certified Forensic Computer Examiner (CFCE) with the International Association of Computer Investigative Specialists (IACIS), as well as an Encase Certified Examiner (EnCE). At his current employer, his work as a computer forensic analyst includes submitting examination reports to courts and providing expert witness testimony on behalf of clients, including the Department of Justice. He has been deposed on behalf of clients and has acted as a neutral party expert witness. He has in-depth knowledge of law enforcement procedures. Prior to joining his current employer, he was a Deputy Sheriff and Digital Evidence Forensic Examiner for the Plymouth County Sheriffs Department's Bureau of Criminal Investigation (BCI) and continues to serve as Deputy Sheriff of the Plymouth County Sheriff's Department.

Expert headshot

E-041129

Specialties:

About the author

Joseph O'Neill

Joseph O'Neill

Joe has extensive experience in online journalism and technical writing across a range of legal topics, including personal injury, meidcal malpractice, mass torts, consumer litigation, commercial litigation, and more. Joe spent close to six years working at Expert Institute, finishing up his role here as Director of Marketing. He has considerable knowledge across an array of legal topics pertaining to expert witnesses. Currently, Joe servces as Owner and Demand Generation Consultant at LightSail Consulting.

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