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The Medical Record: Understanding, Managing, Retaining, and Destroying Them


Understand the legal concepts applicable to medical records management, storage, and destruction.

Health care has changed and so has health record management. With considerations for the change from hard copy to electronic record, patient medical record privacy, security and management requirements and storage and destruction of records, identifying and protecting your organization from legal hardships is a priority. This topic is intended to be a flyover discussion of the general legal concepts applicable to medical records management, storage, and destruction. Included in the overview of the record management discussion is consideration of what constitutes a medical record, the merger and management of hard copy and electronic records, privacy considerations, storage and management of the medical record, management of the record in special circumstances, applicable time limits, and oversight of record destruction. As the medical record world changes, legal obligations change and privacy concerns evolve and are enhanced by federal and state law and regulatory changes, the ability to manage records while being sensitive to the implications of the web of issues related to the same. This overview is intended to provide a general familiarization with the growing requirements for a well-run practice from the solo practitioner to the large institution and allow those responsible to identify areas where greater training and practice is needed.



Scott R. Cook

Scott R. Cook

Tyson & Mendes LLP

  • Partner at Tyson & Mendes LLP’s Las Vegas office
  • Experience includes all aspects of general liability, complex and mass tort litigation, insurance, health care, regulatory law, and business litigation
  • Experience extends to catastrophic injury/damage, complex/mass litigation in tort, multistate litigation, environmental litigation, explosion/fire litigation, health care law, employer/employment law, and insurance law
  • Has managed litigation for a multi-state insurance carrier and was a managing partner for a national law firm
  • Received awards from the Colorado Defense Lawyer’s Association, the Las Vegas Chamber of Commerce, the Self-Insurance Institute of America, the American Legal Administrators, and received the Legal Excellence Award from Fireman’s Fund Insurance Company
  • Achieved the highest rating in the Martindale-Hubbell Law Directory, a Rocky Mountain Region Super Lawyer by Vegas Inc., a Top Lawyer by Desert Companion Top Lawyer – Complex Litigation, one of America’s Top 100 Civil Defense Litigators in Nevada, a Top Attorney of the Mountain States, and was recognized as a Lifetime Achievement Member by America’s Top 100 Attorneys
  • J.D. degree, University of Nebraska College of Law; B.A. degree, in Political Science/International Relations, University of Nebraska

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