![]() In addition to state laws, pediatricians should check with their malpractice insurers to make sure their patient records are available as long as the insurance carrier says they need to be.Īs EHRs become more universal, the problem should be alleviated since electronic data storage is relatively inexpensive and accessible. In fact, many medical liability insurers stipulate how long the physicians they insure should keep patient charts. Therefore, medical records must be kept for at least as long as there is a possibility of a malpractice lawsuit. If a lawsuit is filed and the medical records have been destroyed, it will be hard to defend the care provided. Additionally, depending on the circumstances, medical record retention may be dictated by state law, federal regulation or even the Joint Commission. In some states, the statute of limitations does not start until the patient turns 18. So in a state with a two-year statute of limitations, a malpractice case related to newborn care could be filed 20 years after delivery, meaning newborn records need to be kept at least 20 years. Īt a minimum, pediatric medical records should be retained for 10 years or the age of majority plus the applicable state statute of limitations (time to file a lawsuit), whichever is longer. Instead, a practice must try to piece together a patchwork of statutes, regulations, case law and State Medical Board position statements. There is no "bright line" consistent with federal and state law which establishes how long medical records must be maintained in every case. Records retention is a challenging issue. ![]()
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