Tort reform is in effect in the State of California imposing a cap on noneconomic damages. Californians Allied for Patient Protection (CAPP) and Medical Injury Compensation Reform Act have fought together for the protection of consumers and providers.
With the increase in competition between insurance companies and more companies to choose from, it is extremely important to have an experienced agent on your side. Desert Mountain Insurance will research and evaluate the companies and coverage components to ensure you are well informed in the purchase of a policy.
We partner with many major nationwide medical professional liability insurance carriers as well as local California medical professional liability insurance companies. We not only shop for the best California medical malpractice insurance rates, but evaluate California professional liability insurance coverage and provide objective guidance to our clients so they may select the professional liability carrier, professional liability policy and California medical malpractice insurance protection that best meets their specific needs.
In the state of California physicians are not subject to any general state or local laws or statutes that dictate a required time frame for medical records retention.
Although, physicians who contract with various government health plans can be required to maintain their records for a specific time period. The following require medical records to be maintain for 3-years: Welfare and Institutions Code section 14124.1, Health and Safety Code section 1797.98(e), and Health and Safety Code section 11191.
Additionally, the following entities impose varying time frames: HMO medical records be retained for a minimum of 2 years to comply with the Knox-Keene Act, qualified medical evaluators must maintain medical-legal reports for Workers' Compensation Cases for 5 years and medical clinics licensed under section 1205 of the Health and Safety Code section 123145 requires records to be retained for 7 years.
It is important to refer to the state medical board or medical or hospital association regarding suggested guidelines in order to implement appropriate procedures for your practice or facility.
California medical malpractice insurance policies may automatically provide coverage for such administrative responsibilities or coverage may be an option available upon request. It is important to evaluate the policy in comparison to your exposure and responsibilities. California medical professional liability insurance policies can also provide coverage for your practice or facility due to data breach of medical records or cyber liability.
In California, the statute of limitations is defined by California Code of Civil Procedure Section 340.5 and states that a medical malpractice action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first. Commencement of action cannot occur after 3 years, however, the statute does allow for certain exceptions such as fraud, concealment and actions involving minors.
Consult your California medical professional liability insurance company and medical malpractice attorney if you are subject to investigation or receive a written or verbal demand from a patient or patient representative.
As an independent agent specializing in medical malpractice insurance for California physicians, we are available to discuss questions regarding California medical professional liability insurance claims or incidents. Please do not hesitate to give us a call at (480) 348-2200 for more information!