Maryland rules that put the audit trail at the center
The procedural rules below decide when the electronic record has to be authenticated, how long the evidence survives, and what happens when it has been altered. Each one is a reason to look at the audit trail early, not after the theory of the case is fixed.
Expert-evidence standard
Maryland adopted the Daubert reliability factors in Rochkind v. Stevenson (2020), replacing the former Frye-Reed standard.
Rochkind v. Stevenson, 471 Md. 1 (2020)
Affidavit of Merit
The claimant must file a Certificate of Qualified Expert plus an expert report through the Health Care Alternative Dispute Resolution Office (HCADRO), generally within 90 days of the complaint; failure results in dismissal.
Md. Cts. & Jud. Proc. 3-2A-04 · ~90 days, via HCADRO
Statute of limitations
The earlier of 5 years from the injury or 3 years from discovery.
Md. Cts. & Jud. Proc. 5-109
Record retention
Adult records are kept 7 years (Health-General 4-403); minors' records until the age of majority plus additional years.
Spoliation & concealment
Maryland addresses alteration or destruction through evidentiary sanctions and adverse-inference instructions.
How an EMR check fits a Maryland case
- Authenticate the record. Before anyone interprets the chart, independent audit-trail analysis establishes whether it is complete, contemporaneous, and unaltered — the foundation an early merit assessment rests on.
- Go deeper than the chart. EMR metadata analysis covers the revision histories, device identifiers, and routing data behind the printed record, and shapes discovery demands the producing system can actually answer.
- Turn findings into testimony. The documented methodology carries through deposition prep and expert witness support — findings stated from the system's logs, in terms a trier of fact can follow.
What an engagement delivers
Audit trail & metadata findings
Entry-timing reconstruction, edit and deletion history, copy-forward detection, and user attribution — what changed, by whom, and when.
Revision-history reconstruction
Where a note exists in multiple states, the full sequence is rebuilt from the logs, separating a disclosed addendum from a silent alteration.
Discovery support & model RFP language
Request-for-production language tuned to the specific EMR, so you ask for what the system can actually produce — not an ambiguous label that invites objection.
Deposition prep & expert consulting
Outlines to question records custodians and IT witnesses, plain-language translation of the findings, and consulting or testifying expert support.
Completeness review
An access log shows who viewed the chart; an audit trail shows what changed. A focused review of what was produced, what's missing, and what to demand next.
Frequently asked questions
Do you provide EMR audit-trail analysis for cases in Maryland?
Yes. EMRCheck supports Maryland plaintiff attorneys with independent forensic analysis of EMR/EHR audit trails and metadata. The work is done on the records produced in discovery, so it isn't limited by venue within the state.
Will the analysis hold up under Maryland's expert-evidence standard?
Maryland adopted the Daubert reliability factors in Rochkind v. Stevenson (2020), replacing the former Frye-Reed standard. The analysis is drawn from the system's own logs and documented as a reproducible methodology built to withstand that gatekeeping review.
Does an EMR check satisfy Maryland's merit / pre-suit requirement?
No. Maryland requires a Certificate of Qualified Expert plus an expert report filed through the HCADRO, generally within 90 days of the complaint (Md. Cts. & Jud. Proc. 3-2A-04), and failure results in dismissal. An EMR check doesn't replace it, but an early audit-trail review helps assess merit inside that window and confirm the record the certifying expert relies on is authentic and unaltered.
Given Maryland's deadlines, will the audit trail still exist?
Maryland's limitations period is the earlier of 5 years from the injury or 3 years from discovery (Md. Cts. & Jud. Proc. 5-109). Adult records are kept 7 years (Health-General 4-403) — minors' records longer — so audit-trail data is usually still retrievable within the litigation window.
Related reading: signs of medical-record alteration in EMR metadata — the alteration patterns the audit trail surfaces and what each one looks like in a production.
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.