As health care providers transition to the use of electronic medical records, new, unanticipated professional liability discovery issues will develop with respect to the discovery. This presentation will provide an overview of the new litigation issues pertaining to the electronic medical record including preservation, production and use during deposition. Time will be specifically spent discussing compliance with the new Federal Rules of Civil Procedure pertaining to electronically saved data and new potential causes of action. This presentation should be considered a must for risk and claims staffs as the first professional liability cases utilizing an electronic medical record come forward.