Medical Justice provides free consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a free consultation – or use the tool shared below.

Real event. A surgeon saw his elderly patient in follow-up. They had a long-term doctor-patient relationship.

It was a challenging relationship. The patient was high maintenance. She focused on alleged problems the doctor could not identify. She blamed the doctor. Over and over. Each visit was a new story. But the theme was unchanged.

Yet the surgeon listened patiently.

He knew this patient had just lost her husband.

Cognitively, she was not who she was in the past.

The patient wanted a record of her chart. Fair enough.

Instead of waiting for a copy to be made, she picked up the paper chart and scuttled out of the office. No good-byes.

The nurse witnessed the theft. But it was too late. She was gone.

Who owns the chart? Who owns the data? What’s next?

The patient “owns” their data. Outside certain statutory exceptions, the patient can direct how the data is used and to whom it is disclosed. But the physical chart belongs to the practice. Here, it was no different than if the patient ran out with the server. It was theft, plain and simple.

Sometimes, when a physician is negotiating with a patient for a release, the patient will demand that photographs be erased from the medical record. Or, more broadly, that the entire medical record itself be deleted.

The law does not allow that.

The law mandates you maintain records for specific periods of time. Each state is different. And different populations within the state may be treated differently. For example, retention periods may be different for Medicare, Medicaid, worker’s comp, commercial insurance, children, adults, etc. And you should keep records for at least as long as the statute of limitations for medical malpractice. Without a medical record, it will be difficult to defend your case.

Back to the medical record thief. The surgeon had his attorney write a letter to the patient explaining that the physical medical record belongs to the practice. Removing it from the office was theft. It needs to be returned at once, or a police report will be filed. A copy of the record can and will be made available.

There are still some advantages to paper records. They are not at risk for hacking. But there is a non-negligible risk they can be stolen, or destroyed (by fire, flood, volcanos, and more).

What do you think?

Medical Justice provides free consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a free consultation – or use the tool shared below.

Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. Byrd Adatto was selected as a Best Law Firm in the 2023 edition of the “Best Law Firms” list by U.S. News – Best Lawyers. With over 50 combined years of experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.