Legal Question in Legal Ethics in California

I was an office manager/medical assistant for a small 3 doctor office. I was given notice on 04/20/11 that our clinic was closing in two weeks. I was left to remove all the patient files from the office and the office furniture to my residence until a new office was obtained. I have since had to move and have taken the files with me to keep safeguarded. At what point do you consider the owner of the business has abandoned the patient files? I have recently contacted the owner/employer about the files where he said he would get back to me and has not. I now have 2000 patient files in my possession and am employed by a new company. Is it legal to custodial transfer the files to my new doctor if previous Doctors agree? What is the protocol?


Asked on 7/22/11, 5:23 pm

1 Answer from Attorneys

Jonathan Reed Reed & Mansfield

I commend you for taking your responsibility seriously. Call the state medical board and ask for advice and see if they will take custody of the files.

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Answered on 7/24/11, 2:26 pm


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