State Government Healthcare Electronic Mail Destruction

Duty to Preserve Electronically Stored Information (ESI)

When a lawsuit is filed or reasonably anticipated, parties are expected to apply a "litigation hold" to ensure records are not destroyed.

In a class action case concerning rights to state-paid medical care (connected with Medicare), a federal trial court has criticized Tennessee state agencies for failing to preserve electronic records. Said the court:

continue reading about potential government spoliation

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