How long does a psychiatrist need to hold on to a minor’s medical record?
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How long does a psychiatrist need to hold on to a minor’s medical record?
I was seen by a LCSW at the psychiatrists office from 8-16 years old. I was 23 when requesting record and it’s been 4 months. He still won’t hand over records have sending my request in writing.
Asked on April 29, 2019 under Malpractice Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The statute of limitations, which defines how long the practioner must hold onto your records, is two years from the treatment or two years from when you turned 18, whichever occured first. You describe asking for your records 7 years after treatment and 5 years after you turned 18. Legally, he could have disposed of your records by now.
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