“Data is the new oil.” This phrase was coined in 2006, almost two decades ago, by the British mathematician and professor of computer and information science, Clive Humby. Professor Humby meant that data, like oil, is incredibly valuable, but is not useful in its raw state. Data needs to be refined, processed, and distilled to be useful – like oil, the value of data lies in its potential. This concept is equally true of electronically stored data in modern litigation.

This CLE will cover the legal definitions of electronically stored health information, the use of discovery tools to lay the evidentiary foundation for their admissibility at trial, and the evidentiary rules that are most often at play when admitting electronic medical data at trial in cases involving healthcare and tort actions.