Risk Management FAQ's

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 five 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 two 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 seven years from the date of the alleged negligent conduct. Therefore, the mandatory five-year record retention period could end before a medical malpractice lawsuit is even filed. Finally, disciplinary proceedings by the Department of Health and/or Board of Medicine can be filed within six years after the incident occurred that gave rise to the complaint; or up to 12 years later, where fraud, concealment or intentional misrepresentation prevented discovery of the violation.

Considering all of the various standards, we recommend that medical records be kept for at least 12 years after a patient's last visit or treatment date

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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.