What is the statue of limitations for mental health records in the state of North Carolina? My friend asked me this question, and I'm just interested in resolving this for her. Thanks alot for any advice you might have.
2007-07-10 19:00:10 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I recently did a Chapter 7 and I was told by my lawyer that after like 4 years they couldn't come back on you for it. Ask a lawyer, many do free consultation, to be sure your getting the right facts for your state. Look in the yellow pages for this type of attorney, they can tell you that over the phone.
2007-07-10 19:26:57 · answer #1 · answered by Wutz it worth 2 ya? 6 · 0⤊ 0⤋
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2016-05-28 07:42:16 · answer #2 · answered by ? 3 · 0⤊ 0⤋
North Carolina does not have a recognized statute of limitation regarding the retainment of medical records. They have adopted Section 7.05 of the American Medical Association's current Code of Medical Ethics for this issue which discusses these factors:
1. Medical considerations are the primary basis for deciding how long to retain medical records, For example, operative notes and chemotherapy records should always be part of the patient's chart. In deciding whether to keep certain parts of the record, an appropriate criterion is whether a physician would want the information if he or she were seeing the patient for the first time.
2. Immunization records always must be kept.
3. The record of any patient covered by Medicare or Medicaid must be kept at least five years.
4. Before discarding old records, patients should be given an opportunity to claim the records or have them sent to another physician, if it is feasible to give them the opportunity.
Additionally, if the Medical Treatment was paid by insurance they may both maintain a copy the medical records and require the physician to do the same. Furthermore, if the treatment was ordered by the court there may be similar requirements for the physician to maintain the record.
Typically, with no statute of limitations or other factors to consider, a doctor will maintain their records for 5 to 7 years after the last visit.
2007-07-10 19:44:45 · answer #3 · answered by yn_tennison 4 · 0⤊ 0⤋
Most of the doctor's offices I worked for had to keep records on hand for 7 to 10 years, after that they could destroy the records, if the patient was no longer a patient (like if they passed away, changed doctors, etc).
2007-07-10 19:05:15 · answer #4 · answered by lunartic5 3 · 0⤊ 1⤋
There is no such thing as a statute of limitations on medical records.
2007-07-10 19:20:11 · answer #5 · answered by Gray Wanderer 7 · 0⤊ 1⤋