Public Health Law Map - Beta 5 - Medical and Public Health Law Site

put in the chart to document that the physician tried to keep track of the patient.
Once the patient has been accounted for, the chart may be moved to storage. If
there are patients in need of follow-up care, they should be managed as discussed
in the section on the physician- patient relationship.
From a strictly legal point of view, the statute of limitations for medical
malpractice in the state where the physician practices is the absolute minimum
period that records should be maintained. Depending on the local state laws, adults
have from one to four years after the occurrence of an injury to file a claim for
medical malpractice. For children, this period is usually extended until the patient
reaches age 20 to 24.
The problem with the statute of limitation is that states tend to measure the period
differently. The statute of limitations may begin to run: (1) on the date when the
malpractice occurred, whether the patient knew about the malpractice or not; (2) on
the date when the physician last treated the patient for the condition at issue; or (3)
on the date the patient knew, or should have known, that he or she was a victim of
malpractice. In states in which the running of the statute of limitations starts from
the discovery of the malpractice, it is conceivable that a malpractice suit could be
filed 10, 15, 20, or more years after the patient was treated.
e) Statutory Requirements on Recordkeeping
Federal and state laws govern the retention and release of medical records. Some
Medicaid/Medicare records must be available for verification of charges for a five-
year period. OSHA (Occupational Safety and Health Administration) regulations
govern the retention and release of certain occupational health records. Any medical
care practitioners involved in substance abuse treatment or occupational medicine
should request more information about these laws from their attorneys. A federal
law strictly regulates the release of medical information and the management of
records for persons undergoing treatment for substance abuse. Medical care
practitioners who treat patients for substance abuse should seek assistance in
complying with these regulations from the participating governmental agency or a
private attorney.
f) Destroying Records
Records may be destroyed only in limited circumstances. The clearest is when the
patient dies. A reasonable period of time after the patient’s death—perhaps the
statute of limitations for medical malpractice in the state—the chart may be
destroyed if it is not subject to any laws requiring preservation. It is always
recommended that the family of a deceased patient be given a chance to request a
copy of the chart before it is destroyed because it may provide invaluable medical
information for other family members. If a physician dies and his or her records are
not transferred to another physician, these records must be preserved as long as
required by applicable laws, then they may be destroyed. The executor of the
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