The digital age has forced healthcare institutions to become increasingly more reliant on technology when it comes to data retention. Digital or electronically stored information (“ESI”)may be unintentionally altered or destroyed with a click of a button. Attorneys, Risk Managers, IT Departments, and other stakeholders should familiarize themselves with state and federal ESI preservation requirements. We will cover Victor Valley Union High School District v. Superior Court of San Bernardino County and how courts interpret when the duty to preserve ESI attaches. Failure to preserve ESI and physical information can result in devastating consequences that may make or break your case.
Nicole graduated from California Western School of Law in San Diego, California in 2010. Since then, she has defended the interests of leading healthcare institutions and individual medical providers with the law firm of Dummit, Buchholz & Trapp where she is a Partner. She handles multi-million-dollar exposure cases involving catastrophic birth and brain injuries, elder and dependent adult abuse, and oversees pre-litigation investigations. She regularly consults clients regarding regulatory and compliance issues. In her spare time, she has formed and led nonprofits in the spaces of homelessness, affordable housing, and breast cancer of which she is a young survivor. She also advises nonprofits in her legal practice.