Legal Question in Business Law in California

release of patient records

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, HOWEVER that contract expired a few months before the practice was sold. 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, 1:20 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: release of patient records

I replied to this earlier, but it seems like there is some new information. If the contract to take 25 patients expired, then it was of no force or effect upon the sale of the practice, and the buyer did not buy the practice subject to that expired contract. If the patients want to change dental practices, they will have to do so on their own. I would not advise them to ask for their charts and lure them away, as you may be liable for interference with the business of the newly purchased practice. Good Luck. --Phil

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Answered on 6/21/05, 1:35 pm


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