Ownership of Medical Records - Physician Contract Glossary

Ownership of Medical Records

Definition

Determines who controls patient records created during your employment.

Examples in Context

“All medical records created by the physician during employment are the property of the employer.”

“Upon termination of employment, the physician shall assist in the orderly transition of medical records to other designated healthcare providers as directed by the employer.”

“The employer retains exclusive ownership of patient records; however, the physician may request copies for malpractice defense purposes.”

Implications for Physicians

• Limits your ability to access patient records after termination.
• May impact your ability to defend malpractice claims or continue care for former patients.
• Employers may restrict how departing physicians notify patients about their new practice location.

Negotiation Tips

• Ask for language that grants you access to records for malpractice defense or regulatory audits.
• Request the right to retain personal notes, provided they do not include protected health information (PHI).
• Ensure patient notification procedures are outlined in case you leave the practice.

Red Flags and Pitfalls

• Contracts that restrict record access entirely may expose you to legal risks.
• Employers may resist releasing records even for legitimate defense purposes if not clearly outlined in the contract.

Related Terms

• Confidentiality Covenant
• Restricted Activities
• Malpractice Insurance

FAQs

• “Can I take my patient list if I leave?”
  • No, unless your contract specifically allows it or if patients independently request their records be transferred to you.
• “What if I need records to defend against a malpractice claim?”
  • Request language in your contract ensuring access to records for legal defense. Texas Medical Board Rule 165 may also provide guidance on physician record access.
• “Can I notify patients about my new practice?”
  • Yes, but your contract should outline the proper notification process. Some states require written notice, public postings, or newspaper announcements.

Legal Disclaimer

The information provided in this glossary is for educational and informational purposes only and should not be construed as legal advice. While we strive to provide accurate and up-to-date information, this content is intended to help physicians better understand common contract terms and does not replace professional legal guidance.

For personalized advice regarding your employment contract or other legal concerns, we strongly recommend consulting with a qualified attorney who specializes in physician employment contracts.

You can find experienced legal professionals through our Physician Contract Lawyer Directory.