How long does a psychiatrist need to hold on to a minor’s medical record?

UPDATED: Apr 29, 2019

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 29, 2019Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption