Column: Audit trails and metadata in medical malpractice cases

In New York, hospitals are required to keep “[a]n accurate, clear, and comprehensive medical record ... for every person evaluated or treated as an inpatient, ambulatory patient, emergency patient or outpatient of the hospital.” 10 NYCRR § 405.10 (2015). This includes keeping an audit trail for all electronic medical records. See 10 NYCRR § 405.10 (2015).