Aug 5 2017

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Chad P. Brouillard

Telephone: (617) 252-3366 Ext. 123

Chad P. Brouillard graduated from the University of Massachusetts at Lowell with a B.A. magna cum laude, and with a dual major in English Literature and Philosophy. He then graduated from Boston College with a M.A. in Philosophy. During that time he worked with information technology for area Internet-based startup companies. Thereafter, in 2003, Mr. Brouillard obtained his J.D. from St. John University’s School of Law with a Dean’s List distinction. During law school, Mr. Brouillard interned with the United States Attorney’s Office and then with the Hon. Joseph M. McLaughlin, United States Court of Appeals, Second Circuit. He was also a Comment and Notes Editor for the American Bankruptcy Institute Law Review. Mr. Brouillard is admitted to practice in the Commonwealth of Massachusetts (2003), State of New Hampshire (2011), State of New York (2004), the Federal District Court for the District of Massachusetts (2005) and the United States Court of Appeals, First Circuit (2009).

Mr. Brouillard is an international speaker on Electronic Health Records liability, e-discovery, data breach and healthcare technology liability for Continuing Medical Education, Continuing Legal Education and Risk Management programs.

In 2012-2013, he has testified before the U.S. HHS Office of the National Coordinator (ONC) on three occasions as a content expert on EHRs, mHealth and medical liability concerns. For several years, Mr. Brouillard has been a speaker on “EHR Ediscovery” and “EHRs & Litigation” at the American Bar Association’s E-Discovery and Information Governance National Institute Annual Meetings in New York and Tampa, Florida. Mr. Brouillard authored the articles,”Emerging Trends in Electronic Health Record Liability,” “Continuing Trends in Electronic Health Record Liability,” “mHealth in the era of BYOD.” and “The Impact of E-Discovery on Healthcare Litigation” for the Defense Research Institute’s national magazine, For the Defense among many other publications.

Present areas of practice include Medical Malpractice Defense, Healthcare Law, Healthcare e-Discovery, Healthcare Data Breach Response, Healthcare Technology and Representation of Medical Professionals before State Licensing Agencies. He has provided consulting services for the federal government, insurance companies, IPAs, ACOS, medical office practices and others pertaining to electronic health records, mobile health, ediscovery, healthcare technology, HIPAA Compliance and data breach response.

Mr. Brouillard was awarded the 2014 MassDLA Rising Star Attorney of the Year Award. Mr. Brouillard has been named as a Massachusetts �Rising Star� attorney by Boston Magazine for 2011-2015 and a “Super Lawyer” attorney for 2016 & 2017. He also has been given a “Superb” 10/10 Avvo Attorney Rating for the years 2010-15.

Memberships include: the Massachusetts Defense Lawyers Association (Board of Directors. Communications Chair. Medical Malpractice Subtantive Committee Chair), the Defense Research Institute (E-Discovery Liaison for the Medical Liability Committee 2008-2012; SDLO Liaison – Massachusetts, 2010-2012), the American Health Lawyers Association, the Massachusetts Society for Healthcare Risk Management, and AHIMA.

Emmert v. Northeast Hospital Corp. __ Mass. App. Ct. __ (2015) which holds that an expert opinion to a medical malpractice tribunal is insufficient and speculative where the facts within the submitted record do not support the claim that the injury was more likely than not caused by the defendant�s negligence.

Connaghan v. Northeast Hospital Corporation, 87 Mass. App. Ct. 1116 (2015); holding a defense jury verdict should stand despite plaintiff’s claims that undisclosed evidence was precluded.

A.G. et al v. Elsevier, Inc. et al, (United States Court of Appeals for the First Circuit, Case Number 12-1559, October 2013.) holding that dismissal of plaintiffs� claim must stand where there is no plausible method to prove causation.

Cruz v. Siddiqi et al. (SJC -00471, August 2013) confirms the Denton v. Beth Israel analsyis to be followed on motions to reduce bond for indigence, and clarifies the two situations where a judge may reduce the bond.

Medina v. Hochberg, (SJC-11178, January 2013) which is the leading case limiting the potential liability of medical providers to non-patient third parties, holding that physician�s are not liable to third parties for their treatment of patients or their patient�s underlying medical conditions.

Martino v. Malone, 81 Mass. App. Ct. 1130, 965 N.E. 2d 227 (2012) which holds that an expert submission to a medical malpractice tribunal is insufficient where the expert fails to specifically explain how the alleged harm is causally related to the alleged malpractice.

Leavitt v. Brockton Hospital, et al. 454 Mass. 37, 907 N.E.2d 213 (2009) limits the potential liability of medical providers to non-patient third parties, holding that generally medical providers have no duty to detain or control their patients.

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