When a doctor or lawyer quits his practice for any reason, what happens to all the records that are in the office? Let's say there are no junior partners to take over.
2006-11-30 06:02:52 · 5 answers · asked by robert2020 6 in Politics & Government ➔ Law & Ethics
Depends on whether the Professional was an employee of the group or a partner with equity ownership & whether the file is "open" or closed.
If the professional was an employee, the group retains ownership of all closed files. It also retains ownership of any open, on-going files IF the patient/client remains with the group. If the patient/client chooses to go with the moving professional, s/he has the right to have his/her files transferred (tho' the originating firm may keep copies)
If the professional was an equity partner, ownership would be determined by the partnership agreement. However, here again, the patient/client has an absolute right to transfer his/her treatment/representation to the withdrawing partner.
If the doctor/lawyer is a sole owner and ceases practice, state law for doctors, and law or Bar Assoc. rules require (a) existing or recent patients or clients be notified & given an opportunity to retrieve their files. If that cannot be done -- say if the professional dies suddenly, (b) that records be maintained for a period of time by (depending on jurisdiction) either a designated person in the same profession, the professional's executor; or a custodian or trustee apppointed by a court.
2006-11-30 06:44:29 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Most states require doctors to keep records a certain number of years and let patients know what happens upon their retirement - such as being stored. As for a lawyer, even if he "quits" practicing he has to do something about his ongoing cases and inform the client. The file usually belongs to the client (this varies from state to state) and teh client should be able to pick up the file and go seek another attorney.
2006-11-30 14:16:01 · answer #2 · answered by OutLawyer 1 · 0⤊ 0⤋
If it is a lawyer, they are required to send a letter to all clients notifying them that they will no longer be representing them and asking the client if they would like the records returned to them or to another lawyer.
2006-11-30 22:05:29 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You should get a letter stating the closure and asking where you want the records sent. If someone else buys the practise then they get the records. They have to pass them on to your new doc or atty. at your request.
2006-11-30 14:11:50 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I guess they get passed on to your new doc or lawyer?
2006-11-30 14:04:28 · answer #5 · answered by Bob 3 · 0⤊ 0⤋