Articles Tagged With: spoliation
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Be Prepared to Secure All Types of Evidence After Adverse Events
An adverse event that could lead to litigation or investigations should prompt risk managers to implement a prepared process for securing the related evidence, which can take multiple forms. Properly obtaining and protecting the documents, devices, witness reports, digital data, and other evidence may determine the outcome of future litigation.
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Spoliation Instruction Is Major Risk to Avoid
When dealing with video that might be used in a malpractice or premises liability case, the risk of spoliation arises when the owner of the evidence knows it could be relevant to the case and destroys it anyway. When that happens, the court may order the jury to assume that whatever was on the video was damaging to the party that destroyed it. -
Surveillance Video Can Make or Break Med Mal Defense
Video surveillance data can be either helpful or harmful in defending a malpractice claim. Healthcare organizations should strictly adhere to their policies on the preservation of video.