Employment litigation in today’s increasingly digitized health care workplace requires fluency and competency to effecetively and efficiently manage discovery of electronically stored information (ESI) or E-Discovery. Health care employers face particular E-Discovery challenges from the moment that they are on notice of potential litigation given the high volume of data, vast number of custodians, and numerous ESI sources that exist and continue to proliferate in that setting. Proactive efforts to understand and manage a facility’s digital footprint, and all the myriad sources of data, can help mitigate these challenges. And, anticipating the E-Discovery hurdles that typically arise in employment litigation can prevent stumbling into E-Discovery minefields that can derail a case and disrupt a facility. Likewise, harnessing a facility’s ESI early in a case can create an offensive advantage to move the needle in litigation.
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