Medical Malpractice

Scenario

The husband of a woman in an in-patient substance abuse program sued the hospital when he learned that his wife began an affair with one of the medical doctors that treated her. The affair allegedly began during the wife’s in-patient program.

Solution

Our digital forensic experts, hired by the husband’s attorneys, performed an extensive analysis of computers and smartphones, uncovered electronic evidence related to text messages that were instrumental in a large settlement with the hospital’s insurance company.

Digital Forensics and Medical Malpractice Cases

Evidence related to Medical Malpractice is increasingly digital, and failure to consider this Electronically Stored Information (ESI) can compromise your case. Is the smoking gun evidence in your Med-Mal case digitally stored? Chances are, it is. Consider these additional scenarios.

Suicide

A patient under treatment for severe depression commits suicide. Text messages from the patient’s cell phone during his final hours seem to speak to his state of mind, as he struggles with a confusing array of prescribed medicines. Could these text messages help prove a case against the prescribing physician, as the next of kin claim the patient received a botched treatment?

Altered Electronically Stored Medical Records

A patient dies suddenly from a dangerous drug interaction. Causation points to a doctor who failed to observe the warnings in the patient’s electronic records. The doctor deleted evidence from his iPad to cover his tracks, but computer forensics investigators recovered the deleted evidence.

Child Fatality and Medical Devices

A six-year-old child who has Type 1 Diabetes dies in her sleep. A mobile glucose monitoring device designed to sound an alarm if the patient’s glucose levels fall to certain levels fails to send the potentially life-saving text message to her sleeping parents. Death by natural causes – or a faulty device? Digital forensics can answer this question and help identify medical malpractice.

Proven Expertise

At 4Discovery, we have worked on projects of all sizes, from imaging and analyzing one phone to imaging and analyzing hundreds of devices across five continents. Some of our projects are highly confidential, and others have appeared on CNN. Our client roster includes government organizations, companies, and law firms of every size, and forensic and eDiscovery vendors. Please take a look at some of the successful projects in Our Work.

Computer Forensics

Mobile Forensics

Remote Collections