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Home > Products and Services > Risk Management > Frequently Asked Questions
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For how long should I retain my patients' medical records in Georgia?
Just how long medical records should be kept depends upon the type of record, its potential use and specific legal requirements.
Georgia - By statute, the general rule is that medical records in the medical office (including any notes, lab reports and biopsy slides) must be maintained for at least 10 years from the date the item was created, usually the date of the last visit or treatment. Certain limited exceptions apply to the 10-year rule. By contrast, hospital records should be retained for at least 6 years after the patient's most recent discharge. Minor patients' records are handled differently; they should be maintained until the patient reaches their 27th birthday.
Finally, records should be kept indefinitely in riskier situations, including where there is an undesirable outcome, when a patient is unhappy with a result or any time a patient threatens or files a lawsuit.
For how long should I retain my patients' medical records in Florida?
In Florida, the length of time a physician should retain his or her patients' medical records varies according to the type of medical records, reason for their disposition and their potential use. In general, we recommend that medical records be retained for at least 12 years after a patient's last visit or treatment.
By statute, the general rule is that medical records should be kept for a period of 5 years after the last patient contact. However, the state statute specifically requires physicians to retain medical records as long as needed to protect and serve patients as well as to protect against malpractice actions filed after the termination of the physician-patient relationship. Community standards, individual practice settings and specific patient needs may require longer record retention periods.
Medical records should be retained for at least 2 years after a physician's death, termination of practice, or relocation.
Florida's Statute of Repose, housed within the Statute of Limitations, provides that certain medical malpractice lawsuits can be filed up to 7 years from the date of the alleged negligent conduct. Therefore, the mandatory 5 year record retention period could end before a medical malpractice lawsuit is even filed. As such, we recommend that medical records be kept for 10 years after a patient's last visit or treatment date.
For how long should I retain my patients' medical records in North Carolina?
North Carolina - Just how long medical records should be kept depends upon the type of record, its potential use and specific legal requirements.
By statute, the North Carolina Department of Health and Human Resources is charged with creating policy regarding "health care facilities", including hospitals. According to the DHR's Rules, medical records of a facility must be maintained for at least 11 years after an adult patient's discharge. Minor patients' facility records are handled differently; they should be kept until the patient reaches their 30th birthday.
North Carolina does not have a medical office record retention statute. We therefore recommend that these records be maintained for as long as "facility" records are.
Finally, records should be kept indefinitely in riskier situations, including where there is an undesirable outcome, where the patient was or might have been legally incompetent at the time of treatment or becomes legally competent thereafter (including cases involving brain damage, Alzheimer's Disease and other mental and emotional disabilities), when a patient is unhappy with a result or any time a patient threatens or files a lawsuit
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The risk management advice presented in this Site is intended as general information of interest to physicians and other healthcare professionals. The recommendations and advice published on this Site do not reflect or establish a standard of care and do not establish rules for the practice of medicine. The publication of this information is not intended as an offer to insure such conditions or exposures, or to indicate that MAG Mutual Insurance Company will underwrite such risks for the reader. Our liability is limited to the specific written terms and conditions of actual insurance policies issued.
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