Free 5-part email series
Digital Forensics in Dental Lawsuits
One complete article every 2 days, straight to your inbox. Free for dentists, practice owners and dental attorneys.
Electronic evidence, made defensible
Fewer dentists use paper charts than ever. As records moved to the electronic dental record, the proof of what happened, and when, now lives in data.
Digital forensics uncovers electronic evidence (emails, texts, photos, audit logs, deleted data) and reconstructs an accurate timeline that can establish the credibility of witnesses and documents. It’s an invaluable tool for litigation, helping prove or disprove a case and build a solid record.
How we do it
Our digital forensics generally follows five stages.
Assess
We determine the data most critical to your case and devise a plan to obtain it at the lowest collection cost.
Collect
Where required we create a forensic copy (an exact, complete reproduction of the source) to safeguard its integrity. We can also obtain data from third parties (Google, Microsoft, cloud hosts, mobile networks, ISPs).
Examine
We parse the data to surface relevant information: recovering deleted data, indexing mailboxes and backups, retrieving artifacts and metadata, and culling duplicate/system files.
Analyze
Using powerful forensic tools we search by keyword, IP, email, file type, and date range, matching evidence to timings to support or disprove provenance and testimony.
Expert report
When appropriate we deliver an expert report summarizing each phase with exhibits, demonstratives, opinions, and conclusions. When a report would be discoverable, we instead brief your attorney directly.
Digital Forensics can help determine who did what, and when on a digital device.
Wondering whether a review of your practice-management audit trail is enough? It’s a smart first step, but it isn’t digital forensics. Here’s why digital forensics is more than an audit trail.
Common questions
What is digital forensics, exactly?
Digital forensics uncovers electronic evidence, emails, texts, photos, audit logs, and deleted data, and reconstructs an accurate timeline of who did what and when. It is used to establish the credibility of witnesses and documents, and to prove or disprove a case.
How is digital forensics different from an audit trail review?
An audit trail review only looks at what your practice management software recorded. Digital forensics goes further: recovering deleted data, examining devices and third party accounts, and reconstructing a complete, defensible timeline. An audit trail review is a smart first step, but it is not digital forensics.
What does the process involve?
Five stages: we assess which data matters most to your case, collect it (creating a forensic copy when needed, including from third parties like Google, Microsoft, or cloud hosts), examine it for relevant information, analyze it against timings and testimony, and, when appropriate, deliver an expert report.
Will I always get a written expert report?
Not necessarily. When a report would be discoverable and that is not in your interest, we brief your attorney directly instead of producing a written report.
Who is this for?
Dentists, dental specialists, practice owners, and the dental attorneys who represent them, in matters involving litigation, fraud, negligence claims, or any situation where you need a defensible record of what happened on a device or account.
Litigation readiness
Are you ready for a lawsuit?
Dentistry is one of the most litigated professions. See how prepared your practice really is.
Talk to us
Inquiries from dentists, dental specialists, practice owners, and dental attorneys are welcome. Your information is confidential and goes directly to William Hiltz.
