What this service is, and what it is not
EMRCheck documents the technical record of missing or removed EMR evidence: deletion events, audit-trail gaps, retention timing, and components left out of a production. It does not decide whether spoliation occurred. That is a legal determination, and arguing it is counsel's work.
Indicators the investigation looks for
Deletion and retraction events
Audit events showing an entry was deleted, retracted, or marked in error, where the original content is absent from the production.
Gaps in the audit trail
Stretches of time with no logged activity on a chart that was plainly in use, or a log that begins or ends at a convenient point.
Retention and purge timing
Audit or revision data that aged out under a retention setting after the preservation duty arose, such as after a claim letter or a records request.
Incomplete productions
Components the platform keeps but the production omits: revision history, device and monitor feeds, messages, or the access log.
No finding is promised. Many apparent gaps have ordinary explanations, such as a downtime period or an export that dropped a field, and the report says so when that is what the data shows.
How the investigation runs
Map what the system should hold
Starting from the platform and its configuration, list the record components and audit data that should exist for the dates in question.
Compare against what was produced
Identify each component that is missing, truncated, or produced in a form that drops metadata, and note what the production does show.
Document the technical record
A written account of the indicators found, the dates involved, and what further production would confirm or explain them, for counsel to use in motion practice.
Where it fits in the case
Spoliation questions usually surface during EMR discovery, when the production comes back thinner than the platform should allow, or during a record alteration analysis, when a deletion event points to content that is no longer in the chart. Retention periods and spoliation standards differ by jurisdiction; the state guides cite the governing rules. If the defendant objects that further production is too burdensome, the audit-trail objections playbook covers the usual responses.
Common questions
What is EMR spoliation?
Spoliation is the destruction, alteration, or failure to preserve evidence when litigation is pending or reasonably anticipated. In an electronic medical record it can take the form of deleted entries, edited notes, or audit and revision data allowed to purge. Whether spoliation occurred, and what remedy follows, is for the court to decide.
Can deleted EMR entries be recovered?
Often the fact of the deletion can be shown even when the content cannot. Most platforms log deletion and retraction events in the audit trail, and some retain prior versions in revision history. What survives depends on the system and its retention settings.
Does EMRCheck decide whether spoliation occurred?
No. The investigation documents technical indicators: what the system should hold, what was produced, and where data is missing or was removed. The legal significance of those facts, including any sanctions or adverse-inference argument, is counsel's to make and the court's to decide.
How soon should I raise preservation?
As early as possible. Audit and revision data is subject to retention settings that can purge it on a schedule. A preservation letter that names the audit trail and revision history specifically is the usual first step. State rules on retention and spoliation vary.
This page is educational information, not legal advice. EMR Check provides consulting and analysis services, not legal representation, and using this site does not create an attorney–client relationship.