Records may be destroyed only in limited circumstances. The clearest is when
the patient dies. A reasonable period of time after the patient’s
death—perhaps the statute of limitations for medical malpractice in the
state—the chart may be destroyed if it is not subject to any laws requiring
preservation. It is always recommended that the family of a deceased patient
be given a chance to request a copy of the chart before it is destroyed because
it may provide invaluable medical information for other family members. If a
physician dies and his or her records are not transferred to another physician,
these records must be preserved as long as required by applicable laws, then
they may be destroyed. The executor of the physician’s estate should attempt
to contact all patients before destroying the records. All patients should be
sent a certified letter at the time of the physician’s death notifying them that
the physician has died and that they may claim their medical records within a
set time, say, three months. Once the time for claiming records has elapsed,
the executor may move records that must be preserved to long- term storage.