Jeanette asks how long clinical records should be retained, for legal/best
practices purposes, in the event, years from now, one is on the wrong end
of a malpractice suit.
The answer, as always in Legal Land, is "it depends."
Yes, in the USA, this is determined by state law. But not all states have
specific legislation, and when they do it usually refers to the length of
record retention by physicians ....so we must extrapolate, and assume their
high standards will apply to IBCLCs. When there is no law or regulation,
seven or ten years is frequently suggested. AND YES many "suggesters" will
say that if minors are treated (yup, that's IBCLCs nearly all of the time),
those files should be kept at LEAST until the child reaches the age of
majority (usually considered to be 18 years of age).
One's practice should have a record retention/destruction policy, that is
universally and faithfully complied with, in light of whatever requirements
the state/province/country sets for length of retention. It should include
some way to record whose files were destroyed ("Jane Smith, File 34-8991,
destroyed on 3 Feb 2017, in keeping with record retention and destruction
policy"). That way if you get sued years from now, and they subpoena your
records, you can show that the files no longer exist. When they scream
"spoliation of evidence!!" (one of my all-time favorite legal phrases) you
can calmly demonstrate that everyone's records were routinely destroyed,
and long ago, and not just those of the litigant, and not after notice of
lawsuit.
Here is a helpful, plain language article about California law:
https://www.capphysicians.com/how-long-must-medical-records-be-kept
--
Liz Brooks, JD, IBCLC, FILCA
Wyndmoor, PA, USA
Director, Human Milk Banking Assn of North America (2015-17)
Adjunct Professor, Drexel Univ, Public Policy of Breastfeeding
"IBCLCs empower women and save babies' lives!"-Ursuline Singleton
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