How eDiscovery Helps Control Malpractice Suits

Woman sitting at desk looking at computer with magnifying glassFor many, malpractice conjures up images of patients suing doctors and hospitals for medical procedures gone wrong. But malpractice isn’t just reserved for the medical profession. Malpractice describes any type of negligence involving a professional who fails to perform up to their expected professional standards. Medical malpractice is perhaps the easiest for people to recognize because it’s easy to identify the error and the offending party. But, it can apply to any professional setting.

So, can e-discovery be put to good use with legal, professional or medical malpractice suits? Absolutely.

Consider first what exactly e-discovery entails. It involves a new phase of technological tools that deliver defined and all-inclusive solutions for directing litigation in the right direction. Simply put, it uses tools to find vital information that can sometimes change the entire course of a case.

This information is referred to as Electronically Stored Information (ESI). This can include everything from e-mails, chat logs, documents, pictures, media – anything that is stored electronically and relevant to a certain case is ripe for discovery. Firms like TERIS offer e-discovery services that will utilize keywords in its search for relevant ESI as well as an abundance of other options.

E-discovery has the potential to completely turn cases around, depending on the evidence found. For example, emails are common forms of electronic evidence. Many emails aren’t censored by writers, and they can provide powerful written evidence, from negligence to malpractice. It also allows a case to be looked at from different angles by professionals. A case might seem headed in one direction but can quickly change with the right information. The key is discovering that information.

The best e-discovery services give clear searching. This fact-finding approach allows investigators to look over a case in different ways and review any results efficiently, thus securing an encouraging case management protocol. Such tools are able to see user actions, too, such as logins, logouts, searches, printing and exporting, and provide a thorough trail. Services can provide advanced methods of searching, filtering data with early case assessments, giving investigators a leading edge with the best knowledge of the case and better preparation methods.

In truth, e-discovery can aid most litigation cases that are complex, convoluted, or involve many details that are hard to sort through. This includes malpractice suits, whether medical, legal or professional. The best bet for those involved in a malpractice suit is to use the services to their advantage by getting a better handle on the case at hand. This is accomplished by utilizing best practices, providing the extra investigative push a malpractice suit needs.


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