Original X-Rays are for Keeps

Timothy R. Bone, President, MedMal Direct Insurance Company // March 29, 2010

Many physicians (or their staff) continue to forward original x-rays to patients and attorneys when asked to release patients’ medical records. In order to fully protect the physician’s liability exposure, this practice must cease.

At MedMal Direct Insurance, we strongly recommend implementation of a policy for your staff to follow when these valuable documents are requested. The following are some essential elements you may wish to incorporate in your policy.

1. Obtain a signed Release from the patient authorizing you to forward medical information to another party.
2. Copy all films to be forwarded – and you may charge the requesting party for this service.
3. Send only the copies, not the original films.
4. Make a written note in the patient’s record as to which specific films were released.
5. Consider keeping original x-rays under lock and key (either hard copy or electronically) when a claim is considered to be imminent.

X-ray films can be a valuable record in determining the medical rationale behind a patient’s treatment. The loss of this valuable part of the medical record can affect whether or not a questioned treatment regimen can be justified.

Not only are copies relatively easy and inexpensive to make – especially in today’s digital environment – but they are also a small price to pay to ensure that a physician has a complete original set of records for the defense of any claim that may arise.