Elizabeth, 

 

Thanks for your prompt response!  Sorry, I was not clear in my question.

 

I did not mean clinical records – but the evidence of the Malpractice Insurance I carry.  The name of the insurer has changed repeatedly, and I wondered if I needed to keep records of insurers that are no longer carrying me (I didn’t change insurers, they kept changing names, not sure why.).  If a malpractice case is based on a 1999 encounter, would the current Malpractice Insurance cover it?

 

Jeanette Panchula

 

 

 

 

 

From: Elizabeth Brooks [mailto:[log in to unmask]] 
Sent: Monday, December 18, 2017 2:30 AM
To: [log in to unmask]; Jeanette Panchula <[log in to unmask]>
Subject: Re: Malpractice Insurance Records?

 

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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