Legal Question in Business Law in California

Release of patient records to a former associate

The dental office that I work for consisted of 4 doctors. The primary owner and 3 associates. This past April the owner sold the practice to one of the associates. Once it came under new ownership the remaining two associates were working without a contract. A few weeks later our new owner doctor fired one of the two remaining associates. Under the previous owner doctor she did have a contract that if she were ever to leave she could take 25 patient charts with her. She is now claiming she has the right to those charts. She did not have a contract with the new doctor and he is wondering if he is still obligated to giving her the 25 patient charts, does she need to buy them ( since in purchasing the practice a big chunk of it was paying for those charts) should she advise her patient's to call and ask for their records. Please advise. Thank you for your help.


Asked on 6/21/05, 9:41 am

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Release of patient records to a former associate

If the Seller dentist had a contract with one of the associates, then his sale of the practice to any other associate would be ''subject to all existing agreements'' with other dentists. In other words, I believe the sale to the other dentist should have included a provision that he bought the practice along with the pre-existing contract for the other dentist to take 25% of the charts. The associate may have a good claim against the buying dentist. Please call me if you would like to follow up. Breach of Contract is my area. Good Luck. --Phil

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Answered on 6/21/05, 10:00 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Release of patient records to a former associate

One cannot escape the obligations of an otherwise-valid contract by selling the business. The associate who was harmed by this transaction probably has a case for damages for breach of contract against the former owner.

It is less likely, but certainly possible, that the associate also has one or more viable causes of action (grounds for suit) against the buyer.

A full analysis would require the prospective plaintiff's lawyer to examine both the initial contract between the original group of dentists and the agreement by which control was sold off. If the plaintiff doesn't have the latter item, it could be obtained through discovery procedures.

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Answered on 6/21/05, 10:32 am


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