Journal of the American Dental Association, Vol 97, Issue 1, 44-46
Copyright © 1978 by American Dental Association
Ownership and maintenance of dental records
AM Komensky
The maintenance of good dental records is essential for the defense of a professional liability claim. If a dentist must give records and radiographs to a patient, insurance carrier, or succeeding practitioner, he should always give copies and maintain the originals. As a professional liability claim can often be filed long after treatment ceases, the dentist should retain his records permanently. The right of a patient to gain access to his medical or dental records has been granted by recent court decisions as well as by laws and regulations enacted in some states. The court decisions granting a patient access to his records are law in the jurisdictions in which the cases were decided. However, those decisions would present persuasive authority in a stage having no case law or statute regarding access by the patient to medical or dental records. The dentist should consult his attorney to determine the local law before allowing a patient access to his records and radiographs.