Electronic Records

I pioneered Virginia patients obtaining by printout, by electronic copy and/or by on-site (expert) inspection all of the audit trails and metadata for their electronic medical records maintained by healthcare providers. The half-dozen favorable opinions and orders I obtained from Virginia Circuit Courts are published authority, used by other lawyers and even taught in continuing legal education seminars.

Mr. Waterman’s legal precedent led the Virginia General Assembly recently to enact new legislation entitling patients to their “audit trails”. Effective July 1, 2023, Va. Code §8.01-413 and §32.1-127.1:03 as amended require health care providers to furnish to patients upon request “an audit trail of any additions, deletions, or revisions to the health record”.