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Record Retention
How long should I retain my patients' medical records?
How long should I retain my patients' medical records in Georgia?
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Just how long medical records should be kept depends upon the type of record, its potential use and specific legal requirements.
- 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.
How long should I retain my patients' medical records in Florida?
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In , 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.
How long should I retain my patients' medical records in North Carolina?
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- 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.
How long should I retain my patients' medical records in South Carolina?
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How long records must be kept is determined by the type of record and other specific legal requirements.
South Carolina law requires practitioners to maintain an adult patient's records for a minimum of ten (10) years following the last date of the treatment. S.C. Code Ann. § 40-115-120. In the case of a patient who is a minor, the physician is required to maintain records for a minimum of thirteen years. S.C. Code Ann. § 40-115-120.
Type of Record |
Required Retention |
General Medical Office Records for an Adult |
10 years after the last encounter |
General Medical Records of a Minor |
13 years after the last encounter |
Medical records should be kept indefinitely for situations:
- with less than desirable outcomes;
- when patients are unhappy with results; and
- any time a patient threatens or files a lawsuit.
Note: Generally the statute of limitations for filing a medical malpractice action by an adult patient is three (3) years. However, when a foreign object has been left in a patient’s body, the patient has the greater of two years from the date the foreign object is discovered or reasonably should have been discovered or three years from when the placement of the foreign object occurred, to file a lawsuit. S.C. Code Ann. § 15-3-545. Please refer to the Legal Section of the Handbook for more details on the Statute of Limitations.
How long should I retain my patients' medical records in Alabama?
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In general, medical records should be maintained for the period of time as may be necessary to treat the patient. Specifically how long records must be kept is determined by the type of the record and certain state or federal legal requirements. The issue of how long medical records should be retained is a difficult issue to answer definitively. Under the Alabama Medical Liability Act, professional liability claims are barred after four (4) years. Thus, from a risk management perspective, physicians should maintain patient records for a minimum of four (4) years and preferably for at least six (6) years. However, depending upon the nature of services provided by the physician, inquiry should regularly be made with the appropriate state and/or federal regulatory authorities. Indeed, this is a constantly changing area in which at least an annual inquiry with applicable state and/or federal regulators is well advised. For example, as to hospital records, the Alabama Department of Health revised its mandate for record retention from twenty-two (22) years to five (5) years. On the other hand, the American Hospital Association currently recommends that hospital records be maintained for a period of ten (10) years. Physicians who provide Medicare treatment should inquire as to the current provisions regarding record retention by Medicare as a part of its Conditions of Participation. Generally, such records must be retained five (5) years. Also, those physicians who treat children should retain records for their patients for at least four (4) and preferably six (6) years after the patient reaches the age of majority. Immunization records must always be retained. Based upon the current guidelines and practices, the chart below provides suggested record retention policies.
Type of Record |
Suggested Retention |
All Hospital Records |
6 years after discharge |
Hospital records of patient with multiple admissions |
6 years after most recent discharge |
Hospital records of minor patient at time of discharge |
Until patient reaches 24 years of age |
General medical office records |
10 years after last visit or discharge |
Medical office records of minors |
10 years after last visit or discharge |
X-rays |
10 years after last visit or discharge and/or as long as the medical record |
Superbills |
Contact accountant regarding retention for tax purposes. Any medical information documented on the superbill should be documented in the record as well. If information documented on the superbill is not included in the medical record, then the superbills would need to be retained as long as the medical record. |
Office records for deceased patients |
Minimum of 10 years |
Immunization |
Indefinitely |
Medicare/Medicaid |
10 years after last visit or discharge |
Medical Records should be kept indefinitely for the following situations:
- When there is a less than desirable outcome;
- When patients are unhappy with results; and
- Anytime a patient threatens or files a lawsuit.
How long should I retain my patients' medical records in Tennessee?
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For Tennessee, the patient medical record must be kept for ten years from the last professional contact with the patient. The medical record for minors must be kept for one year after they reach the age of majority or ten years after the last patient contact, whichever is longer.
Hospitals must keep and preserve records that relate directly to the care and treatment of a patient for the same time period following the date of discharge. Some records must be kept indefinitely, such as records for an incompetent person, and immunization records for all patients.
X-rays, radiographs, and other imaging products may be destroyed after four years, but only if there is a separate report interpreting the images. Mammography records must be kept for twenty years.
Patient records that are the subject of a dispute must be kept until the dispute is resolved, or the above rules have been met, whichever is longer.
How long should I retain my patients' medical records in Virginia?
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How long records must be kept is determined by the type of record and other specific legal requirements.
Under Virginia law, practitioners are required to maintain patient records for a minimum of six (6) years following the last time the physician encounters the patient. 18VAC85-20-26. There are, however, some exceptions to the six year retention requirement. In the case of a patient who is a minor, the physician is expected to maintain records, including records regarding immunizations, until the child reaches the age of 18 or becomes emancipated, or for six (6) years from the last patient encounter, whichever is later. 18VAC85-20-26(D)(1). Physicians do not have to retain patient records that have previously been transferred to another practitioner or healthcare provider or provided to a patient or his personal representative for six (6) years, but it is usually safest to maintain the original record even if the patient transfers to another provider. 18VAC85-20-26(D)(2). Physicians may be required by contractual obligation or federal law to maintain records for longer than six (6) years. 18VAC85-20-26(D)(3).
Type of Record |
Suggested Retention |
General Medical Office Records for an Adult |
6 years after last encounter |
General Medical Records of a Minor |
Until the minor reaches the age of 18, but in no case less than 6 years after the last encounter |
Medical records should be kept indefinitely for situations:
- with less than desirable outcomes;
- when patients are unhappy with results; and
- any time a patient threatens or files a lawsuit.
Note: Generally the statute of limitations for filing a medical malpractice action by an adult patient is two (2) years. However, when a foreign object has been left in a patient’s body, the two-year statute of limitations period may be extended, and the patient has one year from the date the foreign object is discovered or reasonably should have been discovered to file a lawsuit, but in no event may the action be commenced more than ten (10) years from date the cause of action accrues. Va. Code § 8.01-243. Please also note that the statute of limitations for minors is two years from the date of the last act or omission giving rise to the cause of action, except if the minor is less than eight years old, in which case, the minor has until his tenth birthday to commence an action. Va. Code § 8.01-243.1.
How long should I retain my patients' medical records in Arkansas?
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In Arkansas, all medical records shall be retained in either the original, microfilm or other acceptable methods for 10 years after the last discharge. After 10 years a medical record may be destroyed provided the facility permanently maintains the information contained in the Master Patient Index. Complete medical records of minors shall be retained for a period of two years after the age of majority.
Arkansas Regulation - 007 05 CARR 002
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