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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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A hospital uses a cloud-based Health Information and Billing System (HIBS) to maintain Electronic Patient Service Records (EPSRs). On April 28, 2025, the custodian prints a PDF copy EPSR-PSR-2025-120, created for patient P with service date April 26, 2025. The EPSR-PSR-2025-120 lists patient ID, service codes, itemized charges, payer, and a system timestamp; the HIBS also generates a cryptographic hash to ensure integrity and stores the record in the cloud. The custodian testifies that EPSR-PSR-2025-120 was created by HIBS in the ordinary course of business, stored remotely, and that audit logs show creation and subsequent updates. The adverse party objects to admitting the printed PDF as evidence, contending that the original electronic record is required or that the printout is not a proper duplicate. Under A.M. No. 01-7-01-SC Rule 8, answer the following in separate subparts: (a) Identify the controlling doctrine and prerequisites for admissibility of electronic or optical or other similar business records. (b) Distinguish between 'original' and 'duplicate' in the context of electronic records and explain when a printed PDF may be admitted without producing the original. (c) Based on the facts, determine whether the printed PDF EPSR-PSR-2025-120 should be admitted and what additional foundation (e.g., custodian's certification) is needed.

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Clara

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