Join us on Friday, June 25 from noon – 1:00 pm. Please register on Eventbrite at:
https://electronicmedicalrecords.eventbrite.com
Electronic Medical Records Unraveled!
EMR Audit Trails as produced by Healthcare Providers during medical malpractice discovery frequently filter out the important history of the patient’s medical record. Learn how to compel discovery of the patient’s complete EMR revision history and the complete audit trail.
Enigma Forensics, Inc. was founded by Lee Neubecker, CISSP, an established Computer Forensics Expert for over 20 years and the President / CEO of Enigma Forensics. Mr. Neubecker has been ranked as one of the top global experts in cybersecurity and computer forensics by Who’s Who Legal for many years running.
Please join us this week, on Friday, June 25th at Noon to 1 PM CST for a complimentary Zoom webinar learn more about:
Neubecker demystifies Electronic Medical Records (EMR) by revealing how EMR can be fabricated, filtered, incomplete or misleading.
Neubecker will walk through the typical stages involved with litigating medical malpractice cases as they relate to EMR.
Neubecker will discuss some of the typical problems and concerns with tendered EMR audit trails and patient charts as produced during discovery.
You will learn how to request and compel discovery to obtain the complete patient EMR audit trails and EMR revision history.
Most of all, you will learn how to detect records that may have been electronically manipulated.
Employers beware of Trade Secret Theft. A Forensic Expert can reveal a pattern that is indicative of a departed employee. Hire an Expert (HAE) to help track stolen or misappropriated data to lessen the financial loss left in the wake by a former employee.
Departing Employees Steal Data
Employers beware of trade secret theft! The pandemic forced many employers to require their employees to work from home without appropriate cybersecurity measures required to secure sensitive data. The increased vulnerability of company trade secrets has made it extremely difficult to navigate through an employee’s departure from an organization. Enigma Forensics has over 20 years of experience helping organizations navigate through the separation of employers, partners, and employees. Even the most technically savvy employers in the technology sector have issues with trade secret theft. Check out this example!
August 2020, Former Google exec Anthony Levandowski sentenced to 18 months for stealing self-driving car trade secrets
The technology giant Google recently sued their departed superstar engineer Anthony Levandowski. Levandowski helped develop the fast-growing world of self-driving cars and was the primary executive who helped Google to grow in the self-driving car industry. For reasons we can only speculate about, he departed Google to start his own self-driving truck company called Otto.
Levandowski sold Otto to Uber in 2016
Lewandowski’s new company, Otto become the first-ever self-driving trucking company. In 2016, he entered a deal with Uber to sell Otto and joined Uber as a high-ranking executive in its self-driving division. Google’s new self-driving unit called Waymo filed a lawsuit against Uber for trade secret theft. Waymo alleged that through Uber’s purchase of Otto they gained access to Google’s sensitive technology that Levandowski allegedly illegally took on his way out Google’s door.
Levandowski settled with Waymo (Google) in a trade secret theft case
During the trial, Levandowski refused to hand over documents and as a result, became in trouble with the US Attorney’s Office. He eventually reached a deal and was ordered to pay $747,000 in restitution to Google and a fine of $97,000. Levandowski had to declare bankruptcy after another separate court ruling that found him guilty of poaching Waymo engineers. Following the aftermath of the trade secret case against Uber and Levandowski, in September 2020, Levandowski filed another lawsuit. He alleged that the Waymo case negatively affected the Otto deal with Uber, and as a result, didn’t receive the financial rewards that were promised to him. Karma always seems to creep into these scenarios.
The Same Story Over and Over Again
All too often we see the same story played out no matter what the industry, company, or corporation. For top earners, there are only a few options for them to make a change. These are two options that we typically see in trade secret cases.
The first option is to out on their own as an entrepreneur or the second option is to go work for the competition. Once a top earner joins the competition, it’s often only a matter of time before they call on trusted former colleagues to join them. The next step in pursuing employees that departed for a competitor is often hiring a computer forensics expert skilled in trade secret misappropriation investigations. An expert is an unbiased third party that will track down the data that was illegally taken, document his/her findings in an affidavit, and assist with fact discovery. Ultimately, confronting the former employee with clear facts that demonstrate the trade secret misappropriation may lead to an agreed settlement. Often times, litigation continues and leads to a trial with the evidence at issue presented in a court of law. Having an experienced expert on your side can make the difference in the overall outcome.
Enigma Forensics has assisted in many trade secret cases. Hire an Expert (HAE) and Win Your Trade Secret Case! Call Enigma Forensics at 312-668-0333 to investigate.
Electronic Medical Records can make or break a case! Do you want to learn how to unlock an Electronic Medical Record Audit Trail? Check out this complimentary MCLE (1 hour) credit seminar via Zoom, as Enigma Forensics CEO, Lee Neubecker offers keys to unlock the mysteries of the EMR audit trail. Read through this blog to register for this complimentary event.
Please join Enigma Forensics as our CEO, Lee Neubecker, as he presents:
“Keys to Unlocking Electronic Medical Records EMR”
Tuesday, May 25,
noon-1:00 p.m. Via Zoom
This complimentary program is offered for 1 hour of MCLE Credit in Illinois.
Enigma Forensics is partnering with the following sponsors: The Family Justice Resource Center
If you are facing a wrongful allegation, The Family Justice Resource Center can help. The process of overcoming a medically-based wrongful allegation is exceedingly difficult. They offer a place to turn for families facing allegations of abuse and neglect. By learning the keys to unlocking the Electronic Medical Records it will become easier to uncover the root cause of every allegation. #https://www.famjustice.org/
Center for Integrity in Forensic Sciences
The Center for Integrity in Forensic Sciences (CIFS) is the first non-profit organization in the United States to bring exclusive focus to improvement of the reliability and safety of criminal prosecutions through strengthening the forensic sciences. Its educational and service goals span legislation, all facets of the judicial system, and experiential education of tomorrow’s lawyers and scientists. Its innovative approach allows law students and both undergraduate and graduate students in the sciences to work collaboratively, expanding the knowledge and competency of students across that broad spectrum. #https://cifsjustice.org/about-cifs/
Illinois Innocence Project
The Illinois Innocence Project (IIP) is dedicated to freeing innocent men and women imprisoned in Illinois for crimes they did not commit. They advocate on behalf of this silenced population by researching and investigating claims of innocence and providing legal representation and other assistance to prove credible claims of actual innocence. #https://www.uis.edu/illinoisinnocenceproject/about/
Illinois Public Defender Association
The Illinois Public Defender Association was incorporated in 1969 as a non-profit 501 [c][6] an educational organization for Public Defenders. The goals of education, interchange of ideas, and camaraderie are reflected by semi-annual seminars serving Public Defenders and court-appointed counsel in all 102 counties. #https://www2.illinois.gov/osad/PublicDefenderInformation/Pages/PDAssociation.aspx
Enigma Forensics
Lee Neubecker is CEO and Founder of Enigma Forensics. We are a computer forensic company that focuses on Electronic Medical Records and Data Recovery. We are pleased to offer this complimentary MCLE credited event.
To learn more about the keys to unlocking Electronic Medical Records EMR
EMR Audit Trails as produced by Healthcare Providers during medical malpractice discovery frequently filter out important history of the patient’s medical record. Learn how to compel discovery of the patient’s complete EMR history.
Are you attempting to compel the production of a patient’s electronic medical chart and the complete electronic medical record audit trail?
Medical malpractice litigation today routinely requires obtaining the complete electronic medical record audit trail. Compelling the entire patient’s EMR Audit Trail Discovery is vital to the case. Hospitals, clinics, dentists, and other health providers are required to document patient interactions in electronic HIPAA compliant Healthcare Information Systems (HIS). Electronic Medical Records (EMR) also referred to as Electronic Health Records (EHR) are used almost interchangeably. Requesting and receiving the complete EMR for a harmed party can be a daunting process, especially when health care providers produce voluminous audit trail reports in paper form that lack any clear documentation of exactly what changes were made to the EMR.
HIPAA compliant HIS software providers are required to log all access, review, editing, and deletion of records. Such logs must include a record of the user making the change, the source computer that made the change, the date and time of the records actual creation (this can be different than the date and time stamp that appears on the printed patient chart or progress notes), and all versions of the chart as it existed at various points in time. While the HIS software providers maintain HIPAA compliance, ensuring that deleted or revised patient records remain in the HIS record, those earlier revision instances or deleted (marked inactive) records are routinely left off the patient’s printed EMR. By design, the EMR audit trail reports lack the specific modifications being made and by whom. It is often necessary to formulate your discovery request in a specific way to ensure that all audit trail logs from all of the various HIS-connected systems are produced in such a way that provides a clear understanding of health care events that took place.
The following graphic depicts the typical process involved with retaining a computer forensics expert skilled in deciphering EMR to assist with compelling discovery of the complete patient electronic medical records, including the revision history.
1. Request Patient’s Complete Electronic Medical Records (EMR)
It is important that your discovery request includes important relevant details and enough specificity to ensure you receive a comprehensive production of available information without having unnecessary filters applied. We have seen routine usage of filters such as named users, narrow start and ending dates, departments and other available filters that result in receiving an incomplete production of the patient’s EMR. If you would like a sample electronic medical record discovery request list of items, please call us and we would be happy to share our sample request with you. Engaging our firm early on in the process can help speed things along.
2. Review Produced EMR Records
Reviewing the timeline of events and the complaint to develop an understanding of the critical moments when decisions were made or not made leading to harm to the patient is usually the starting point for engaging a computer forensics expert to assist you. Following the review of the case documents, converting the EMR produced to a more usable format is important before analysis begins. Ensuring that the EMR has been OCR’s, adding page labels to the document if missing saves time downstream and allows for surgical review of voluminous EMR to isolate records of care by date, time, health care provider name, medication, or other activity. Summarizing data and performing focused reviews around key dates and times can provide important insights.
3. Identify examples of withheld records or apparent manipulation
During the review process, it is helpful to identify examples of abnormalities or notations that indicate other data referenced is not contained in the production of the patient’s EMR. Reviewing the complete EMR records produced, not just the critical dates and times, can often help establish normal patterns of EMR and can be used in contrast to critical dates and times where EMR appears to be missing from the record. Skilled and experienced EMR data forensics experts often find indicators of manipulation that may not be readily apparent to someone who is not an EMR data forensics expert. Plaintiff’s medical malpractice counsel should send a written or emailed request to the health care provider to produce apparently missing records. This documentation of asking for the missing data will be helpful later when a motion to compel is filed with the court. Judges always like it when litigants attempt to work things out first amongst themselves before seeking judicial intervention. It is not uncommon that our firm is retained at this stage when the non-expert has reviewed the EMR produced and suspects something is hinky. Having your EMR data forensic expert assist with drafting the follow-on request for missing EMR can help lay the foundation for a later affidavit in support of a motion to compel.
4. Review Supplemental Production of Records if Received
In many cases, healthcare providers will partially respond to a supplemental request for EMR. The production oftentimes still lacks the clear ability to correlate the revision history of the patient’s chart and medical record. The review of all of the EMR produced to date is important in beginning to build the argument to be included in the future EMR expert witness affidavit in support of an onsite inspection of the HIS to obtain the patient’s complete EMR including the revision history.
5. Affidavit in Support of Motion to Compel Onsite Direct Inspection
The EMR data forensics expert must lay the foundation documenting their credentials, what they reviewed, significant findings, notes of any deficiencies in the production, and establishing that additional information not produced by the health care provider may be available from performing an onsite inspection. Direct engagement with the HIS can often reveal additional details such as the actual time or original entry of a notation as well as the life cycle of modification over time showing which device was used to access or modify the notation, what user accessed/modified the record, and the current status of records entered into the EMR. Inactive or deleted notations may be revealed on some HIS systems by toggling the view settings to show inactive records. The sworn statement by the EMR data forensics expert is an important tool in winning your motion to compel and often is filed with the motion, or submitted shortly after and before the hearing on the motion. In some cases, sharing the EMR data forensics expert’s curriculum vitae with the health care provider and the signed affidavit in support of the motion to compel onsite recorded inspection of the patient’s EMR may result in an agreement to allow inspection without the court’s order or an acceptable settlement offer. It never hurts to try.
6. File Motion to Compel Onsite Direct Inspection of the EMR System
Usually, to obtain direct onsite inspection of the healthcare provider’s HIS is a request likely to encounter objections and resistance. Filing a motion to compel and providing a supporting EMR expert witness affidavit can help overcome objections. A federal U.S. District Court ordered a hospital to provide such direct access to a patient plaintiff in a medical malpractice case. (Borum v. Smith, W.D. Ky. No. 4:17-cv-17, 2017 U.S. Dist. LEXIS 109249 (July 14, 2017)). The court’s decision and arguments can be viewed at this link. Onsite inspections can also be performed using remote control/viewing software such as WebEx, Zoom, TeamViewer, and others if the court allows and so orders. Typically, healthcare provider staff or HIS software consultants with administrative access to the HIS will perform the actions directed by the plaintiff’s EMR consultant and allow for recording screenshots of the patient’s EMR as viewed within the software.
7. Court Testimony in Support of Motion to Compel Onsite Direct Inspection
Having your EMR expert present in the hearing on your motion to compel usually takes place in person or via a remote video conferencing tool such as Zoom. Since the outbreak of Covid-19 began to escalate in 2020, courts have become more comfortable with allowing remote experts to appear via electronic video conferencing, making it easier to retain the most knowledgeable EMR computer forensics expert witness without concerns over the geographic location of your expert witness. Allowing the judge to ask questions of your EMR expert witness directly and assist you with responding to any raised objections has been proven to be highly effective in winning the motion to compel onsite inspection of the plaintiff’s EMR.
8. Onsite Inspection
Once the court has granted the motion to compel an onsite inspection, it is important to ensure that any in-person meeting isn’t a waste of everyone’s time. Problems that can arise include the health care provider producing someone to operate the computer terminal who is not knowledgeable about how to use the HIS or that lacks full administrative access to the complete backend databases containing detailed historical information including revision history of the EMR. In some cases, such as Cerner and Epic, some screens can be viewed in the software that will show progress notes and the revision histories including the user name modifying or entering the record and the times the record was updated by the user. In other systems, it may be necessary to access the back-end database system with administrative credentials to perform Structured Query Language (SQL) queries to identify the relevant record history. Having an EMR expert that has experience writing SQL database queries is important when the HIS doesn’t offer a built-in report or display view that can show the complete historical record of events.
9. Review Records Captured Onsite
Following the onsite inspection, it is often necessary to review in more detail the screenshots and video footage documenting the EMR in the HIS. Reports generated during the onsite may need to be compared against earlier productions of EMR to help document any records that were withheld. Where it is provable that the healthcare provider withheld patient EMR, it may be possible to petition the court to order reimbursement of expert witness fees associated with the consulting engagement.
10. Write Final Report
Many times, a final report is not necessary. Typically, once it is established that records were withheld, or it is believed to be known that this may be the case, it is more often than not that a settlement offer is made to the plaintiff when obfuscation or manipulation of the patient’s EMR took place. If no acceptable settlement is reached, writing a final report in the form of a sworn affidavit to detail the delays and extra costs associated with discovery is important for petitioning the court to award expert fees. Other times, the data obtained from the onsite inspection can be presented without a report or sworn affidavit. Photos and videos can sometimes avoid the need to generate a final report.
11. Expert Witness Deposed
Should an acceptable settlement offer not have been reached, the EMR expert witness will be deposed. This typically is preceded by a request for the disclosed expert witness’s communications with counsel and any work product or notes. Working with an EMR expert witness that has been deposed numerous times and has achieved successful outcomes following the given deposition can make or break your case. If the defense counsel can undermine the credibility of your expert, the admissibility of any of the opinions sworn to by your expert may be excluded. If your EMR expert witness is successful at establishing that records were held back or manipulated and provides a reliable deposition in support of those opinions, your case matter is likely to receive a reasonable settlement offer proportionate to the offenses and harm caused to your client.
12. Trial Testimony
It is rare that you will need your EMR Expert Witness to testify at trial regarding manipulation or withholding of evidence. If the facts exist and have been produced, they often speak for themselves. Many healthcare organizations face frequent malpractice litigation. If it is established in the public record that a healthcare organization permanently deleted a patient’s EMR, that organization could lose Medicare/Medicaid funding for not maintaining HIPAA compliance, a problem that could far exceed paying out a settlement to a single aggrieved party.
13. Case Settles
Medical malpractice cases often settle when it has been established that the records have been altered to distort the true record of patient care. Having news reports published detailing how a healthcare organization manipulated historical patient EMR to mask a mistake resulting in the harm of the patient would only invite more litigation by other harmed patients. In the interest of protecting their organization from further litigation and more intrusive discovery, healthcare organizations need to maintain their profitability and minimize costs paid out for ongoing litigation.
Summary
When you are getting stonewalled by a healthcare organization and feel that you are receiving cryptic EMR audit trails, or a production that is missing data that should exist, having an experience EMR computer forensics expert witness and consultant on your side can help you achieve a better outcome for your client. If you would like to discuss a case matter with us, we are happy to provide a complimentary consultation. Call us today at 312-668-0333.
Trade secret theft of intellectual property, data misappropriation or corporate espionage is a growing trend. All are considered criminal acts that cost employers and employees millions of dollars and future income. This growing trend has attorney’s teaming up with data and computer forensic experts to find the smoking gun and save their clients a great deal of money. Ultimately saving companies or businesses that may be at risk of closing!
How to Avoid Trade Secret Theft of Intellectual Property and Data Misappropriation?
Corporate trade secret theft of intellectual property and data misappropriation with a competitive international company. All sounds right out of a James Bond movie!
Employee Resigns but Doesn’t Tell He Will Be Working for the Competitor
In September of 2015, an employee of a metal company was caught red-handed at O’Hare International airport with his luggage filled with company documents. That employee was Robert O’Rourke. O’Rourke was unhappy working for Dura-Bar, a McHenry County metal manufacturing firm he started working for in 1984 as a metallurgical engineer and eventually became a salesperson. He accepted a new position for a Chinese competitor named Hualong as Vice President of research and development. When he resigned he didn’t tell Dura-Bar management he was going to work for Hualong company. A company that manufactures cast-iron products and is in direct competition with Dura-Bar. On his last day of work, O’Rourke goes out for drinks with some of his colleagues. He slips up and tells them he is going to work for Hualong.
Departing Employee Downloads Electronic Data and Documents Belonging to the Company.
According to evidence at trial, in late 2013, O’Rourke began several months of negotiations to take a similar job with a rival firm in Jiangsu, China. While still employed at Dura-Bar, he then downloaded electronic data and documents belonging to Dura-Bar without authorization two days before officially leaving the company. The following week, he packed up the proprietary information and went to O’Hare International Airport in Chicago to board a flight to China. Federal authorities intervened at the airport and seized the stolen trade secrets from O’Rourke before he could travel to China. Gotcha!
Employee Charged and Convicted
About four years later, in October 2019, a federal judge sentenced a 30-year employee of a McHenry County manufacturing firm to a year and a day in federal prison for stealing trade secret information while planning to work for a rival company in China.
Hire an Expert (HAE)!
Enigma Forensics has over 20 years of experience. We work with attorneys on recovering and proving trade secret theft of intellectual property and data misappropriation for their clients. Criminal acts such as these can cost companies millions of dollars to defend and recover damages. Companies need to protect themselves by setting up protocols to alert when large quantities of data are being downloaded. To further protect themselves, employers must use non-compete agreements when hiring employees that work with proprietary company information.
Rarely do we hear about trade secret theft and misappropriation in the food industry. It happens! Read about this high profile case involving a famous food celebrity chef!
America’s Test Kitchen (ATK) sues Christopher Kimball for Misappropriation of Trade Secrets
Here is another example of trade secret theft. Check out this blog to see how business and personal emails played a role in the misappropriation of trade secrets. Yes, there is trade secret theft in the food industry!
Who isn’t a fan of cooking shows?
Have you ever watched American’s Test Kitchen (ATK) on public television? In addition to the show, ATK is a multimedia company that has holdings in public television programs such as America’s Test Kitchen, Cook’s Country, cooking magazines and books, and several websites? Who knew? We love watching celebrity chefs like Christopher Kimball and other specialized professionals test the great American recipes like meatloaf, roast chicken, and apple pie!
Trade Secret Missappropriation Lawsuit or Foodie Divorce?
Christopher Kimball was the face and personality behind America’s Test Kitchen and Cook’s Country. In November 2015, Kimball left ATK’s program and started his own program called Christopher Kimball’s Milk Street. When two parties split it’s called a divorce, well, you guessed it, ATK sued Christopher Kimball, the co-founder, part owner, celebrity chef, and the former host of its TV shows. Almost a year later, America’s Test Kitchen Inc. filed a lawsuit on October 31, 2016, as the Plaintiff. They wanted Kimball to change his business model. We call this a foodie divorce.
ATK said Kimball duplicated what he did on the show on Milk Street and that he misappropriated its trade secrets and breached his fiduciary duty to the company. In addition, they claimed that while Kimball was working at ATK as he actively created his new company Milk Street. According to ATK, Kimball stole its collection of recipes, TV show ideas, media contacts, and subscriber information. As a result, ATK sought damages against Kimball and wanted a large sum of all profits that he has derived through the use of the trade secrets he allegedly misappropriated from America’s Test Kitchen. Other defendants named were Melissa Baldino, Kimball’s wife and a former executive director of ATK, Christine Gordon, and Deborah Broide. ATK claimed they aided and abetted Kimball’s breach of his fiduciary duties.
Non-Compete Agreement between ATK and Kimball
It seems that ATK and Kimball did not have a formal non-compete agreement in place. To protect intellectual property, corporations use a non-compete agreement where the employee agrees not to enter into competition with the employer during or after employment. If an employee departs and takes intellectual property without permission that’s considered trade secret theft and misappropriation.
It’s all in the Email!
This case is an example of where most evidence of trade secret misappropriation can be found. It’s all in the email! A variety of emails were attached to the complaint that included notes between Gordon and real estate brokers, between Kimball and an IT consultant covering such issues as how to copy and store tons of recipes. There were emails discovered between Broide and Kimball regarding the media lists; between Gordon and the ATK help desk about whether company scanners would keep copies of documents she scanned.
The Foodie Divorce finally settled!
To all our fellow foodies the good news is that both parties settled. Kimball agreed to return his ATK shares to the company for an undisclosed price. In the end, they agreed to business terms that will allow America’s Test Kitchen and Kimball’s company, Milk Street to co-exist. Giving us foodies the benefit of watching both shows!
Enigma Forensics is a computer forensic company with litigation experts that partner with attorneys to represent plaintiffs and defendants to help prove their case. We dig for evidence of trade secret theft or misappropriation of intellectual property. Most of all we are foodies! We found this story about trade secret theft and misappropriation in the food industry fascinating and wanted to share.
Hiring an expert in electronic medical records (EMR’s) will help uncover record manipulation that will assist law professionals in winning medical malpractice cases for their clients. Check out this blog to see how a Kentucky woman waged a monumental fight against the medical system that failed her!
A site visit by an expert pays off, a Computer Forensic Expert Finds the Smoking Gun in the Electronic Medical Record (EMR) audit trail!
Kim Johnson noticed a lump on her right breast and because her mother died of breast cancer she feared the worst. In January 2015, she went to Fleming County Hospital in Flemingsburg, Kentucky, to get a mammogram. When she received a letter from the hospital that proved she had “no evidence of cancer”, this Kentucky mother of eight breathed a huge sigh of relief. Several months had passed and the lump continued to grow so she decided to get a second opinion. She was horrified to learn she has stage 4 cancer.
Sadly, Fleming County Hospital had sent the wrong letter, giving Johnson the all-clear instead of directing her to return for a follow-up examination. In September 2016, Johnson filed a lawsuit against the hospital claiming doctors misdiagnosed her, and that two employees deleted evidence of the letter saying she didn’t have cancer. How did she know this?
She hired a digital forensic expert!
Ms. Johnson and her lawyer’s hired a digital forensic expert skilled in examining EMR audit trails. During a court-ordered on-site visit, they found employee EMR entries that edited the history and deleted the evidence of the erroneous letter claiming that she was cancer-free.
In the wake of the misdiagnosis by the hospital, Ms. Johnson is left with a long battle with cancer. If her cancer would have been recognized at an earlier stage her quality of life would have been different as a result. She trusted the system and it failed her.
Who protects the patient? The HIPPA law ensures accountability
Required by the Health Insurance Portability and Accountability Act (HIPAA), hospitals and healthcare providers are to maintain an audit trail of all access, entry, and modification of the patient’s EMR to ensure accountability. Hiring a computer forensics expert that has experience with examining Health Information Systems (HIS) and the related EMR audit trails that can make or break your case. Call Enigma Forensics staff today if you think you may have a case requiring similar assistance. 312-668-0333.
Trade Secret theft = loss in revenue. Use your spider sense when someone from your team departs the company. They can unsuspectedly upload electronic data to the Cloud for later use that will drain your company of future revenue and present an immediate loss! Be aware-hire an expert to forensically image the departed employees hard drive. It will save you money and headaches!
Every company will have an employee leave but how do you protect the company’s trade secrets from leaving with them?
It is more common that you know for employees to leave for a competitor. On their way out the door, they will take with them proprietary data that can result in great harm to an organization including; loss of employees, customers, and important revenue streams. If someone on your team recently left your company and is suspected of having joined a competitor, it is vitally important to take immediate steps to protect your organization’s electronic assets.
What types of data do departed employees take?
Enigma Forensics has seen it all! 1. Client Lists 2. Blueprints 3. Historical quotations 4. Programming files 5. Source Code 6. Rebate levels offered from various vendors 7. Supply Chain information 8. Business protocols that competition can replicate
Hire an Expert!
When investigating departed employees the first step is to create a forensic image of the past employee’s hard drive. We recommend NOT to ask an internal employee to perform this task but most importantly hire a qualified computer expert from outside your company. This avoids any underlying loyalty current employees may have for the departed team member. An expert is trained to ensure the chain of custody is preserved so that it can be presented during a trial. Many have learned that hiring an expert is worth every dime!
What are the benefits?
Enigma Forensics computer experts will look for all types of activity that took place, including websites visited, files accessed, files transferred to external media, files uploaded to DropBox or other cloud accounts, concealment activities; encryption, and deletion of electronic evidence.
If your company is on the other side of a trade secret misappropriation litigation, we encourage you to hire an expert that will perform an initial assessment of the new employee’s activities. This will provide you with the benefit of knowing if the employee did something that could prove harmful to your company. It’s not uncommon that misappropriated trade secrets are done without the new employer’s knowledge. Yet, the new employer can be named in litigation as a co-defendant! Ouch!
Enigma Forensics has worked for both the plaintiff and defendant in trade secret litigation. Our experts are CISSP certified, what is CISSP? Certified Information Systems Security Professional. This advanced level of certification is considered the gold standard in the field of information security. It is a globally recognized certification offered by (ISC)2. (ISC)2 is known to be the world’s leading organization specializing in certifications and training for professionals in the cybersecurity domain. Click here to learn more about ICS2. https://www.isc2.org/
Call Enigma Forensics at 312-668-0333 for a complimentary consultation.
The universal implementation of electronic medical records (EMRs) has become the single most important piece of evidence used in medical malpractice litigation. In response to an EMR Discovery request, healthcare providers use various filters to create useless or hard to read data. Hire an expert to help you weed through the audit trail and to present Discovery requests relevant to the case.
Healthcare providers use filters to withhold electronic medical data when complying with a court order and producing EMR audit trails. During the discovery period, EMR audit trails are commonly used as the single most important piece of evidence in medical malpractice litigation. Knowing evidence is in the details, has led to a chess game of filters proving “Not all electronic medical records (EMRs) productions are created equal!” Figuring out how electronic medical records (EMRs) are filtered is a game changer!
Follow the filters!
When counsel requests a patient’s electronic medical records (EMRs) to review for evidence, the production is often delivered in non-electronic limited formats, such as; scan documents, PDF, or image files. Filters provide limited format productions of (EMRs) therefore it becomes extremely difficult to read and find evidence. Are hospitals and healthcare facilities doing this on purpose? Are they filtering their production to include irrelevant information with very little details about the event in question? They are not making it easy that’s for sure. In truth, they are complying with the court order and producing files that include the electronic health records of the plaintiff. They’re just not providing data information in its completeness. Using filters to produce audit trails is fairly common, but for the injured party and representing counsel these tactics are extremely excruciating. Requesting electronic medical records (EMR’s) is now a challenging game of filtering chess!
Forensic Experts know how to request data essential to your case.
It is quite common that hospitals and healthcare facilities use a variety of filters that will result in an incomplete production. When forensic experts study the production headers they uncover filters that were used to produce an incomplete EMR audit trail. Experts know how to ask for relevant data and dig deeper to find evidence.
Filters, Filters, and More Filters!
Date filters that are applied could exclude alteration of records after the event took place. We suggest the best practice is to use the earliest known date prior to the medical event as a starting point and place the end date the same as the current date of the request. Pushing the end date to reflect the current date will show who looked at the record post-event.
Department filters will only return records that are from one particular department, such as radiology or another department.
Employee filters include specific employees of the healthcare facility. If an EMR record only shows entries related to a physician’s user IDs this can be problematic. It’s important to know all of the names and user IDs of all healthcare providers that visited the patient.
Workstation filters are specific to desktops and/or workstations and could be the cause of incomplete production.
Location filters are used by healthcare providers to limit the full scope of production. It is not uncommon for physicians to access important medical records remotely. This could cause manipulation of data by remote access and filter out data after the event in question.
Enigma Forensics has years of experience developing requests for electronic medical records (EMRs). Our experts know how to ask the right question to retrieve the necessary data to be used as evidence. Save yourself time and expense and hire an expert! Our experts are CISSP certified (Certified Information Systems Security Professional) that provide testimony as a professional witness in a court of law.
Please call Enigma Forensics at 312-669-0333 for a complimentary consultation.
Have you or someone you know been involved in medical injury or accident? Do you want to win your case? Or…If you’re an attorney and have questions about a case involving medical malpractice, read this blog and contact Enigma Forensics for the “W”.
Were you or a loved one involved in a medical accident or injury? Are you an attorney who is representing an injured client?
If the answer is yes, take immediate action and file a Discovery request or subpoena to access all of your Electronic Medical Records (EMR). Why is this important? In order to prove injury or malpractice and win your case it’s imperative to discover what took place and the actions that caused an event. Your electronic medical records or EMR audit trail will document what transpired. EMR audit trails will include prescriptions, tests, treatments, transfers, operation notes, nurse practitioners and doctors notes and a ton more. Electronic Health Records (EHR) are rich with data information describing the care that was provided and decisions that were made good or bad. Some medical record systems such as Epic have sticky notes that are traditionally not part of the formal patient permanent electronic record. Those sticky notes are required to be stored by the Health Insurance Portability and Accountability Act (HIPPA), but are not part of the discharge report showing the patient electronic medical record history. The data does exist and working with a qualified medical record forensic expert can help you to gain a more complete record of the patient encounter with the health care provider.
What else does Electronic Medical Records (EMR) include?
Electronic Medical Records and the patient medical record audit trail include the original record and will note any modifications. It will also preserve dates, times, who accessed the record and whether the record was printed, viewed, deleted or otherwise modified. Many of the systems today, such as; Epic, Cerner, Meditech, All Scripts and others have reports that can be downloaded to reveal vital information about who has authorization to access and audit electronic health records.
Medical dictations are another vital piece to the puzzle. Dictation files are sometimes sent to third party transcription service providers as raw audio files called WAV files. After the WAV files are received they are typically transcribed to text files and fed back into the electronic health record software system. When modification of the patient medical record occurs after an injury or malpractice took place, comparing the transcription WAV files to the produced chart may help reveal alteration to the patient medical records.
Patient Electronic Medical Charts are often Incomplete. You could lose your case!
When electronic medical record discovery requests are made by plaintiffs to healthcare providers, it is common that the production lacks the complete patient medical record history. Healthcare providers facing litigation commonly provide a minimal amount of data in an often useless format. The form of production is often scanned copies of previously printed our documents or charts. Codewords for health care providers, departments and procedures often make interpretation even more challenging. Having an experience EMR computer forensics expert can help provide a more accurate interpretation of the complete Electronic Health Record (EHR) for the harmed patient.
The Health Insurance Portability and Accountability Act of 1996, or HIPAA is a federal law which requires your medical records to be retained for six years at a federal level. However, most states also have their own medical retention laws which can be more stringent than HIPAA stipulates. Check out this government website to learn about how different states interpret this governance. https://www.hhs.gov/hipaa/for-professionals/privacy/index.html
How important are faxes? This could win your case!
In some cases, Electronic Medical Records (EMR) are faxed to outside providers either to or from your primary physician. Software vendors such as Forward Advantage provide automated faxing capabilities integrating with the existing health care information management systems and patient medical records. It’s vital you request all communication between facilities to help prove or disprove what and when medical knowledge was presented to the provider to make an informative decision relatable to an event.
Let’s say you have already requested an EMR audit trail for a patient. Did you know that the Electronic Medical Records (EMR) audit trail you received contains cryptic codes that you will not be able to comprehend. It’s extremely helpful to request all of the underlying data dictionaries that will provide the definition of the codes used referring to the friendly name, including, the healthcare provider’s name, department, computer used to access the EMR, procedures, treatments, tests ordered, drugs prescribed and lab results.
Did you know that medical data is required to be retained for six years?
Do you want to to win your case! You need Enigma Forensics experts on your team! Hire a professional forensic expert to assist in writing a Discovery request to obtain, preserve and analyze ALL of the electronic medical records and to help you obtain the complete EMR audit trail. We can help uncover the truth of what took place and help tell the court the story about what happened to you or your client.
Call Enigma Forensics at 312-668-0333 to schedule a complimentary phone call to discovery how we can assist.
