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Most physicians in private practice today recognize that, in our litigious society, it is quite likely that they might be named as a defendant in a lawsuit by a patient (or the patient’s family or representative), alleging professional liability (“malpractice”), sometime during their professional career. If you have been involved in a suit, you may wonder if there is any reason to keep your records of the litigation, and for how long.   It’s finally over Once the litigation is concluded, it is prudent to save all closing documents, which may include: ·         Release(s) signed by the plaintiff(s) (if the matter was resolved by a settlement); ·         Final settlement agreement (again, if the matter was resolved by a settlement); ·         Verdict Sheet (if the matter was resolved at trial, but there might be an appeal, so see below); ·         Warrant to Satisfy Judgment (i.e., proof that you have paid any court ordered damage award); ·         Filed Court Order, Consent Order or Stipulation of Dismissal (all of these documents are filed with the court making resolution of the matter part of the public record.)   You will want to keep these documents filed with your permanent, official papers, for your own protection. Situations can arise when you will need them, long after the litigation is over. For example, you may have to respond to questions about the lawsuit and the final outcome, from a governmental or regulatory agency, such as a state medical board, in case you re-locate and apply for a license to practice in another state. Another scenario might be if you apply for a loan to purchase a house, and a credit check reveals that you were a defendant in a suit. It will be important for you to be able to provide these documents as written verification of your status, e.g., that the claim was settled; you were dismissed as a party; or that you paid any monetary amounts required, pursuant to a trial verdict or settlement agreement.   Not quite over Another scenario is that you have been dismissed as defendant, but the case is still pending against other defendants. In this situation, it is important to preserve your record of care for the patient/plaintiff, because you can be brought back into the case later, under a different legal theory or claim. Thus, you would do well to hold all your records, until advised by your defense counsel that you no longer need them.             It is also possible that you may “win” at trial – that the jury finds in your favor. When this happens, the plaintiff may decide to appeal the verdict to a higher court, but this right is time-limited. In general, appeals must be brought within 90 days, depending on the law of the jurisdiction. Again, you would want to keep your file, until your defense counsel can confirm that no appeal has been brought within the allowable time period.   Defense counsel files Many don’t realize that the litigation file is the property of the physician, not his or her attorney. You might too assume that defense firms save all their litigation files, so that you can rely on them for copies of closing documents (as noted above) should you need them in the future. However, this reliance might give you a false sense of security.   Each law firm usually has its own document retention policy. Usually, this will involve some system of archival storage, either with an off-site location for print documents, or, if records were electronic, then by means of an electronic back-up system. The disadvantage of relying on the firm’s records is that the document or documents that you are seeking might not be readily available, especially if maintained at an off-site facility.   Furthermore, law firms don’t save their files forever, due to cost and other considerations. Once a set period has elapsed, most firms have a policy of destroying litigation files by shredding or some other permanent method. Finally, your closing documents may not be available for other reasons, including: the firm stops doing business; the firm merges with another firm and old files are destroyed; or, a catastrophic event occurs, such as a fire or flood, resulting in accidental destruction of some or all the files.     Recommendations   When a lawsuit is concluded, we suggest that you maintain any closing documents in your own, permanent files. Do not rely on being able to obtain them, at least not quickly, from your defense counsel (closing documents will vary depending on how the matter was resolved -- case was dismissed, settled or by verdict at trial).  When you are dismissed from a suit, by summary judgment or other court ruling, but the litigation is continuing against other defendants, use caution. You will want to retain your patient care records, on the possibility that you may be brought back into the case later.    Even if you win at trial, remember that the plaintiff will generally have a right of appeal. Consult your defense counsel as to whether the plaintiff has filed an appeal or if the time for appeal has expired, and proceed accordingly.