Importantly, while medical records can be destroyed after seven years, basic patient information must be retained for twenty-five (25) years after the last chart entry. Hawaii law requires that medical records be retained for a minimum of seven (7) years after the last entry was made. The prudent physician may wish to retain the record for an additional 3-5 years to be in keeping with defense attorneys’ recommendations that records be kept for at least 8-10 years after the date of last treatment. If the patient was age fourteen (14) at the date of the last treatment, they would reach the age at which their record is required by law to be retained after only five years. Therefore, depending on the age of a minor patient at the time of the last treatment, it may be prudent to the patient’s medical record beyond the statutory retention period mandated by the state in which you practice.įor example, a physician in California is only required by law to retain a minor’s record until the patient reaches age nineteen (19). As with adults’ medical records, defense attorneys suggest that minors’ records be retained for at least eight to ten (8-10) years after the date of the patient’s last treatment. Most states require that minors’ medical records be retained at least until the minor patient reaches the “age of majority” (18 years), plus an additional period of time which varies from state to state. MIEC recommends that for situations in which the patient’s death was related to the care they received, physicians should retain their records for longer periods in case a claim were to arise from the patient’s death. In general, physicians can destroy the records of deceased patients after five (5) years from the date of death. Suffered significant complications of treatment or surgery.Some records should be retained for longer periods, up to 25 years or more, such as in situations in which the patient: Therefore, MIEC’s defense attorneys recommend that physicians retain most medical records for a minimum of eight to ten (8-10) years after the patient’s last medical treatment. While not absolutely required, maintaining medical records for as long as possible ensures they are available for these contingencies.įor many physicians, keeping medical records “forever” is not practical or physically possible. Thus, keeping records only until the applicable Statute of Limitations has run may deprive a physician of necessary evidence, and compromise his or her defense in a case allowed to proceed after the statute has expired.Īdditionally, old medical records are often needed by patients, family members, or current treaters to facilitate the treatment of a current disease or condition. State law imposes a “Statute of Limitations” which limits the amount of time an adult patient has to initiate a legal action however, there are various reasons courts do permit lawsuits to be filed years after the statute of limitations has expired. “Keep medical records forever.” This is the advice of many malpractice defense attorneys, because in the event of a medical malpractice claim, the medical records provide the single most effective tool for corroborating treatment and defending a physician’s care. While many might assume that there are clear laws and regulations around this issue, in fact there are few laws that address it (please see the table below for information on state laws). One of the most common questions asked of MIEC’s Patient Safety & Risk Management Department is how long physicians should maintain their medical records after a patient leaves the practice, or upon retirement.
0 Comments
Leave a Reply. |