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Time is (Not) On My Side September 4, 2008

Posted by Attorney Jonathan Groth in FAQ Personal Injury.
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I talked with one of my favorite clients today.  At the end of our talk she said, “I have a professional question.”  That’s when a lawyers ears perk up and you try to remember every class you ever took in law school.  Who knows what topic is going to be discussed.

She asked about medical records.  Her records were destroyed.  She had the same primary doctor for years.  That general practitioner retired.  Her medical records were sent to another medical facility for ‘safe keeping.’  Well, they weren’t that safe because the facility destroyed them.

According to Wisconsin Administrative Code medical records must be “preserved” and “maintained” for at least 5 years.  (See HFS 124.14(2)c)). But, what happens if the records are destroyed! 

I’ll let you know the answer after I do a little research.  If you know, please post a comment!

Thank you.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Sheboygan, Slinger, Pleasant Prairie and Wauwatosa.

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Comments»

1. Nathan Ferch - September 22, 2008

Ever get anywhere with this? I would assume it would apply to electronic records as well?

2. jonpgroth - September 22, 2008

I assume this is the THE Nathan Ferch? If not, then ignore these first two sentences.

Thanks for the reminder. I do have an answer. Not a great answer, but an answer nonetheless.

I’ll write about it this week. Thanks again for the reminder.


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