Fourth Department – Motion to strike: Harms v. TLC Health Network, et al.

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Motion to strike

Electronic data – Substantial compliance

Harms v. TLC Health Network, et al.

CA 21-00704

Appealed from Supreme Court, Erie County

Background: The plaintiff appealed from an order that dismissed as moot her motion to strike the defendants answer or compel them to comply with her fourth notice to produce, which included electronic medical record audit trails relating to the defendants’ care and treatment of the plaintiff’s decedent.

Ruling: The Appellate Division affirmed. The court noted that the defendants substantially complied as the medical records disclosed already displayed much of the information sought from the audit trails, i.e. alterations made to the electronic medical records. The defendants otherwise provided reasonable explanations for why some of the requested information was no longer available.

William A. Quinlan, of Paul William Beltz, for the plaintiff-appellant; Jason T. Britt, of Bargnesi Britt, for the defendants-respondents.

Oral argument video