Is it illegal to delete medical records?

Asked by: Dr. Enoch Mosciski  |  Last update: May 1, 2025
Score: 4.8/5 (37 votes)

Deleting records to hide negligence, malpractice, or unethical behavior is illegal. Any attempt to alter documentation to avoid liability can result in severe penalties and loss of trust.

Can you delete a medical record?

Despite the benefits to maintaining medical records after they can legally be shredded and/or deleted, many healthcare providers decide against keeping them beyond this point. HIPAA requires healthcare providers to keep most records for at least 6 years.

Is it legal to destroy medical records?

If your company collects and stores medical records, then you know that it's your legal responsibility to secure those records to protect your patients' privacy. Likewise, medical record destruction is something that's mandated by HIPAA.

What is the law for health records in WA?

Under the Freedom of Information Act 1992, you can access your WA Health medical records. However consideration needs to be given to s. 28 of the Freedom of Information Act 1992 in the disclosure of information that may have an adverse effect on the physical or mental health of a patient.

Is altering medical records a crime?

Under California law, falsifying medical records is a serious offense that can lead to significant legal consequences. This crime involves the deliberate alteration, fabrication, or manipulation of medical records.

Is It Possible to Recover Deleted Medical Records? | American Retrieval

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Can I sue my doctor for not releasing my medical records?

If you believe that your doctor or other health care provider violated your health information privacy right by not giving you access to your medical record, you may file a HIPAA Privacy Rule Complaint with the U.S. Department of Health and Human Services (HHS) Office for Civil Rights.

Is changing the date on a doctor note illegal?

The realistic extent of what to expect is being expelled. Technically, I suppose it would be considered altering a medical record (which is a misdemeanor), but to be charged criminally for changing a doctors note because of a test would be rare. Worst case scenario, you aren't looking at jail time, anyway.

How long are medical records kept in WA?

Patient information contained within State archives (permanent value records) is accessible to the public after a 100 year restricted access period that applies from the date of last access of the record.

What are the medical records laws in Washington state?

Under federal and state law you have a right to review your medical records, and you have a right to obtain a copy of your medical records (with certain exceptions) as long as they are maintained by the healthcare entity in which you received your services.

How long are medical records kept?

California. Hospitals in California must keep adult patient records for seven years after the last discharge date.

Is losing medical records a HIPAA violation?

Some outcomes of record loss can violate HIPAA. According to HIPAA, patients have a right to their medical records within 30 days of a request; failure to provide them is a HIPAA violation. Losing a device or record that exposes patient records to unauthorized actors is also a HIPAA violation.

How do you purge medical records?

Utilize a method of destruction that will completely destroy all records and copies of records selected for discarding. Different media require different methods of destruction: shred, burn, or pulverize paper records; recycle or shred microfilm or microfiche; purge and destroy computerized records.

What medical records are kept indefinitely?

immunization records, which should be kept indefinitely; records of significant health events or conditions and interventions that could be expected to have a bearing on the patient's future health care needs, such as records of chemotherapy.

Is it illegal to destroy medical records?

Federal law allows medical providers to destroy medical records after six years but some states require a longer retention period. If the medical records pertain to a child, you may be required to retain them for more than 10 years.

How to get things removed from a medical record?

Once you identify something you want to change, contact your healthcare provider and request a form for making amendments. Be clear with your request. Upon receiving it, your provider will have 60 days to act on your request. Your provider is not required to make the requested change.

How do I get rid of old medical records?

How Are Records Securely Disposed?
  1. Hard copy paper and microfilm: Destroy paper using cross cut shredders which produce particles that are 1 mm × 5 mm (0.04 in. ...
  2. Mobile devices generally: Manually delete all information, and then perform a full manufacturer's reset to reset the mobile device to factory state.

How long do doctors keep medical records in Washington state?

Unless specified otherwise by the department, a hospital shall retain and preserve all medical records which relate directly to the care and treatment of a patient for a period of no less than ten years following the most recent discharge of the patient; except the records of minors, which shall be retained and ...

Is Washington an open records state?

All records maintained by state and local agencies are available for public inspection unless law specifically exempts them.

Do doctors have access to all medical records?

Medical records are typically shared electronically between all healthcare providers, including doctors, hospitals, healthcare organisation systems, pharmacies, laboratories, clinics, medical imaging facilities, and any other health care provider who might benefit from seeing patient records.

How to discard patient information?

For PHI in paper records, shredding, burning, pulping, or pulverizing the records so that PHI is rendered essentially unreadable, indecipherable, and otherwise cannot be reconstructed.

What happens if I refuse my employer access to my medical records?

Although your employer has no legal right to obtain your medical records, reviewing them would provide an efficient way to evaluate your condition. If you are unwilling to provide the records, your employer could require you to undergo an independent medical examination to secure the same information.

Are medical records legal documents?

The medical record contains valuable information about a patient's medical history and individual clinical interactions. It is also a legal document that can serve as evidence of the care provided and discussions with the patient.

Can I get fired for being sick with a doctor's note?

is it legal to fire someone for being sick? While California employers can fire at-will workers at any time for any legal reason, they cannot fire an employee solely because of an employee's medical reasons or medical condition.

Do employers actually verify doctor's notes?

If the note raises concerns, employers can contact the issuing GP practice or healthcare provider to confirm its authenticity. While medical professionals cannot disclose confidential details without consent, they can verify whether they issued the sick note and if any alterations have been made since it was signed.

Is forging a doctor's note a felony?

Yes, forging a doctor's signature on a sick note for work can potentially be considered a crime. It falls under the category of forgery, which typically involves the fraudulent alteration or creation of a document with the intent to deceive or defraud.