The perplexities of E-Discovery in the Indian healthcare system - A narrative review  

Abstract

With the rapid advances in medical technology and the digitization of healthcare systems, the importance of collecting and analyzing digital evidence in the medical field has grown significantly. This evidence plays a crucial role in investigating medical malpractice cases and preparing for legal proceedings in India. As medical devices and electronic health records become more prevalent, vast amounts of data are generated, stored, and accessed. While having substantial evidence to support medical claims is beneficial, it is essential to find a balance between retrieving and admitting digital evidence while respecting patient privacy. This article examines the use of electronic evidence in Indian medical litigation, the challenges it presents, and the initiatives taken to manage these challenges. However, the absence of clear legal guidelines on electronic discovery in medical cases exacerbates the problem. Medical procedure rules often fail to address electronic discovery, resulting in inconsistent case law across different courts in India and the world. Consequently, healthcare practitioners are left to develop ad hoc solutions through informal discussions and negotiations. Thus, this paper highlights the necessity for a comprehensive legal framework and active judicial management to handle electronic discovery in the medical domain.