The jurisdictional context
The Maryland framework.
Use these topics to frame a discussion with counsel about the electronic record. The EMR discovery guide connects that discussion with requests for the underlying data.
- 01
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)
- 02
Merit & pre-suit requirements
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
- 03
Statute of limitations
The earlier of 5 years from the injury or 3 years from discovery.
Md. Cts. & Jud. Proc. 5-109
- 04
Record retention
Adult records are kept 7 years (Health-General 4-403); minors' records until the age of majority plus additional years.
- 05
Spoliation & concealment
Maryland addresses alteration or destruction through evidentiary sanctions and adverse-inference instructions.
A medical-record retention rule does not, by itself, establish how long every audit log or revision history is retained. Confirm the available data and preservation needs with the producing organization.
From production to findings
How an EMR review fits a Maryland case.
- 01
Examine the record's completeness.
Compare the chart with available activity and revision history. Independent audit-trail analysis helps identify discrepancies and questions for the producing organization.
- 02
Go deeper than the chart.
EMR metadata analysis examines timestamps, identifiers, and revision data behind the printed record. Pair that work with the guide to the EMR system used in your matter.
- 03
Prepare findings for counsel's review.
A documented methodology supports deposition preparation and expert-witness work. The findings identify their sources, limits, and the next questions to resolve.
The work product
What you receive.
The scope is agreed for each engagement. Available work includes:
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.
Related reading: signs of medical-record alteration in EMR metadata — patterns to investigate in the underlying system history.
Common questions
EMR review in Maryland.
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.
Go to the source
Primary references.
Starting points for the authorities discussed in this guide. Counsel should check the current text, applicable exceptions, and the law governing the particular matter.
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.